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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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^ SS SS ^^ Esi ^ Sls S ^^ pSi Et ?/ t £ t f i ° ? ! -, l- « tiff obtained a ve ? - fen A J « i ' 5 ?' leaVe Wa 8 reServed ^ the < k-Sf ^ Tf" ? tb enter tlie verfict for the defendant . A rule mn had been obtained for this pnrpose .-Mr . Evans and Mr . Crompton now showed cause against the rule , which was supported judgment . In doing so he observed that the action had been brought on the third section of the act . on the ground that the defendant had acted as a councilor of the borough after having ceased Z be quaoSflV ^ v - 8 uch -tbe alleged " cessation of his qualification being that he was not a bnr ™« . km . whether the defendant » ,, „;„„ f ~ ' vious to hia assuming i ^^?!^ . ^
US ? 3 necessary ** him to be , before he could iKSL fS ? l ! - But the "i 116815011 was » rntll ^ li tlme u acted « tbe Pendant was «« lil ^ ? the bur S list ? In order to wf 7 ? L , Sr he was so or not » the c ° « rt must looKattheloth section of the act , which made it we duty of the overseer , on the 5 th September , to make out a list of the persons entitled to be enrolled on the burgess roll for the year . The court was then to inquire whether he was entitled to be on the burgess roll for the year , not whether he was or was not a burgess . In inquiring into this , they had to look at the 9 th section of the act , which enacted m substance that every male of full age , who had occupied a house or warehouse for three years previously , and had been an inhabitant householder of the borongh for that period , and paid the ratea on
ine premises , with the exception of such as were due for the sis months anterior to the 1 st of August , should , if duly enrolled , be a burgess . Tbe provision of the section went more to define who should be a burgess than who should be entitled to be enrolled . The question now was , whether the defendant was entitled to be on the biirgess roll , in order to see whether he was entitled to be on the bnagess « st , for if so entitled he was qualified to vote . The Court was of opinion , on tbe fact 3 of the case , that he was entitled to be enrolled , and if so , he was entitled to be on the burgess list . The intention of the legislature obviously was that a person so entitled should be qualified to act , and on that ground the Court was of opinion that the rule should be made absolute . ¦
THE QUEEN Y . COHBK AHB DAVIS . Mr . M . Chambers and Mr . Huddleston were counsel for the prosecution , and Mr . Sergeant Shee and Mr . Ballantine for the defendants . —This was an indictment chargingthedefendants with a conspiracy to defraud the creditors of Cohen . It appeared that Cohen was formerly a tailor , but all at once he ordered glas 3 and earthenware from certain persons named in the indictment , which goods he consigned to Davis , who was a dealer in earthenware in the Blackfriars-road . Very shortly after this Cohe went before the Insolvent Court , and after several examinations he was ordered to be imprisoned for twenty months for defrauding his creditors . Inquiries were made , and then this indictment was pre .
ferred . —Many witnesses were examined , but the detail of the evidence was by no means interesting . —The defence was , that the evidence did not show that Davis had been a party in conspiring to defraud the creditors of Cohen , and that although Cohen might have acted improperly , still that Davis had nothing to do with the matter . —The Jury at once said they had made up their minds and need not trouble the learned Lord Chief Justice to sum up . — Lord Campbell , however , said it would be more satisfactory that he should sum up , and he according ly did so very briefly . —The Jury then instantly returned a verdict of "Guilty" against both the defendants . —Mr . Chambers then prayed the judgment of the Court . —Lord Campbell said thedefendants
upon the clearest evidence had been found guilty of a most enormous offence . Such things were often practised and much suspected , but it was very rare that evidence such as had been laid before the jury could be brought so as thoroughly to establish the guilt of those who were concerned . Under these circums tance ^ , by way of example , ho thought the smallest punishment he could impose was ' that for this offence the defendants should be imprisoned for one year in the House ' of Correction , and durin " that time they should respectively be kept to hard labour . —Mr . Chambers handed up the statute to the Court to show that there was no power to award hard labour . —Lord Campbell said he deeply regretted it . The sentence would therefore be imprisonment for one year ..
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Love , Mubdeb , axd Suicide . —The following tragical incidents are related in the French papers ' : — About three years ago a tradesman , inhabiting the qaartier Breda , destroyed himself in a fit of desperation , after having written a letter in which' he declared that his reasen for making away with himself was , that he could not survive the knowled ge of his dishonour . A thousand reports were ' current at the time , as to the precise cause which led to the catastrophe . When the husband was dead a liason sprang up , and was almost publicly acknowledged between his widow and a young man in the neighbourhood , but satiety was soon followed by coldness and scenes of reproach , caused by the jealousy of the widow ., whose lover seemed to neglect her more
and more every day . The intimacy between them still continued , however , notwithstanding the clouds which so frequently disturbed its course , and tbe young man was accustomed to take his meals almost daily at the house of hi 3 mistress . On Thursday last he had dined there as usual , when , having scarcely risen from the table , he was seized with burning pains and vomitings , sufficiently alarming in their character to cause the assistance of a . medical man to be called in . Immediately on his arrival , at the first examination of the patient ' s countenance and of the substances vomited by him , the man of science suspected the case to be one of poisoning . His treatment was that usually resorted to in such cases , but in spite of the promptitude and energy of
the measures adopted the patient expired , accusing his mistress of the deed . As for the individual ; in question , as soon as the first symptoms of poison appeared , she became completely wild , and when her lover was dead she appeared struck with stupor , shut herself up in her apartment , and refused all assistance or consolation . She remained thus secluded daring two day ' s , when suddenly the neighbours heard proceeding from her lodging the sound of an exploded fire-arm . The . doors were broken open , and the commissary of police summoned . On hi 3 arrival all that was found was a lifeless corpse . The unfortunate woman had shot herself through the heart , with the same pistol with which three years ago her wretched husband had terminated iris
existence . . Tragical Occubhexce keab Santa Cbuz . —We have been put in possession of the facts relating to a tragical occurrence near Santa Cruz . On the 31 st ult ., the wife of Mr . J Graham , residing about six miles from Santa Cruz , at the saw mills called Sayant , lelt his home , taking , as he says , between twenty and thirty thausand dollars in coin and gold dust . On the . 2 nd instant , Graham obtained a search warrant , under which the sheriff proceeded to search the house of Mrs . Mary Bennett , the mother of Mrs . Graham , also residing at Sayant . This was done upon the affidavit of Graham , that he . believed his wife ' s sister , Mary Ann Bennett , aided in the robberv , as she was at his bouse on the same
day that the affair occurred . Nothing was . found but a small box , which Mrs . Bennett said was sent her by Mary Ann , with a request to have it decently buried , as it contained a small child . This box , which was in a trunk where Graham and his son Jesse kept their money , was broken open and . the money taken while'they both were absent at San Jose , attending a horse race . ' Mary Ann was then arrested on : behalf of the people , for aiding and abetting in the robbery , but discharged for want of sufficient proof . At two different times subsequently , the son Jesse endeavoured by threats to compel Mrs . Band her son Jackson to disclose the place of the wife ' s concealment , menacing their lives should they refuse . Upon this , they
proceeded to the Alcalde and entered their . com p laint . Jesse was ordered to give bail in the sum of 2000 dollars . Not being able to obtain the sureties , tbe bond was doubled , and he allowed to depart on bis own recognisance , promising good behaviour . He , however , followed Mrs . B , and on their , road home evertook them about one mile from the Mission , fired , with a double-barrel ' ;; shot gun loaded with buckshot , upon Jackson but missed him , and then discharged the other barrel at Mrs . B .. before her son could afford any defence , having been thrown by his frightened animal . live shotB took effect upon her—two in her . hip , the remainder in the legs , though none of them are dangerous . The scoundrel then ' hurried on to Mrs . B ' s house , called out her youngest son , and shot him down deliberately—the boy died on the Instant . Since then nothing lias been heard of him . A reward of three thousand dollars is offered for his
apprehension . The eloping lady has a lover in the case whose name is forgotten . —Pacific News . A Scapb Goat . —A person in Largo , who heard it affirmed that rats would disinhabit premises where a goat was kept , bad the curiosity to try the experiment though with but little faith in the recommended antidote . Accordingly , one of these bearded mountaineers was procured , lodged in the premises , when , unexpectedly , the long tailed ugly , devouring vermin suddenly decamped . The goat has been kept for many months , and nothing in the shape of a rat is now seen near the premises . Some may be apt to class this affair among the ridiculous ; but we have been told it is a reality ; and surely this mode of making rats flit is as simple as it is singular .- ^ Northern Warder Thb Abciio Exranmos . —Accounts from the west coast of South America mention that her Majesty ' s ships Enterprise and Investigator had passed through the Straits of Magellan .
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MONDAY , Juife 24 .. - i H £ r E v OF LORDS .-The question of the legality of the recent Sunday regulation in the Postoffice was again brought before the house , by Lord Tougbara , who insisted forcibly on the hardship of the new plan . , JS'f " , ° f Lmjsd owne was understood to say that he had no doubt as to the right of the Crown to make what regulations it pleased with regard to to tR . n 3 m 1 ss . on of letters , th-mgh he feared that the newseheme would bepr-ductlve of great desecration of the Sabbath .
After an explanation from Lord Canning , as to some observations which fell from him respecting Sir Mmund L yons , in his speech on the Greek quarrel , the Draivagk and Improvement op Lands Advances Bill was read a second time , on the motion of horn Lansdowne . S ? S 'wdships then a ionrned . HOUSE OF COMMONS .-At the time of private b usies , on The Phussiax Minister's Rbsidencb Bin , Sir B ,. Inoms noticed , in terms of pointed severity , the " wanton if not premeditated insult , to which , he said , his distinguished friend the Chevalier Bunsen had been subjected in another jlace Mr . Rosbuck , in vindication of Lord Brougham , gaveai- explanation of the occurrence ; and Lord J . Russell , without expressing any opinion upnn the subject , paid a tribute of respect to the personal as well as the public character of the Chevalier .
^ Confidence in the Ministry . —On the order , of the day for going into Committee of Supply being read , . . "' ^ l m ^ ssbm , sa !( 3 » that as the hon . member lor febt-iheld had given notice of an amendment on this motion , he ( Lord J . Russell ) was quite ready to postpone the orders of the day . Perhaps the house w . mldpermit him to 8 Ry , that as . two hon members had given notices of amendments on the motion of the hon . and learned member for Sheffield , respecting which they would of course act as they should deem proper , the government were only anxious that the house should come to a fnll and fair decision ujion the question ptoposed by the hon . and learned member for Sheffield , wheh the government thought was the question properly to be put in issue . ( Hear , hear . ) .
. Mr . Anstbt said , that after the explanation of the noble lord upon a matter which more nearly concerned the government than any other party , he certainly would not persevere with his amendment . ( Criesof " Hume ! Hume ! " ) Mr . Home had no hesitation in saying that when the time came he should submit bis amendment to the house , to be dealt with as the house should think fit . ' ( Hear , hear ; and laughter . ) He certainly should exercise his discretion in making his - motion or not , as he liked . ( Bear , hear . ) . Mr . Roicbuck then moved the important resolution of which he had given notice , " That the principles upon which the foreign policy of the government has been regulated , have been calculated'to
maintain the honour and dignity of this country , and in times of unexampled difficulty to preserve peace between England and foreign nations . " He commenced by explaining the reasons which bad induced him to make this motion . A government constituted like ours , he observed , when condemned by one branch of the legislature , is unable to discharge its du-ies either at home ' or abroad with honour . In such a case , therefore , it became . the < duty < of this house to ascertain for itself what had been the conduct of the government , and to express its own opinion . He agreed with Lord J . Russell , that no administration was bound to resign upon a mere resolution of the House of Lorris ; but if it was neces-Bary to have a House of Lords , and if that house had
expressed an opinion upon a question regarding our foreign policy , this house should step in and declare the sentiments of the people of England upon the same point ; the clear proposition contained in the resolution of the House of Lords being a condemnation of that foreign policy . He confessed became to the consideration of the policy of Lord Palmerston with a mind disposed in its favour ; for , though he had seen much in its details to condemn , with . its principles he entirely agreed . There were two classes of cases which that policy embraced—one regarding individual rights and wrongs ; the other , the general interests the dignity ; and honour of this country The object of Lord Palmerston , with relation to the first , was to extend the " protection of the government
of England to her wandering sons , so far as therults of civilised nations would : permit ; and with' respect to the interests of this country , as a pe < ple , rihe believed Lord Palmerston ' s policy had been to maintain the peace of the world ,-not by . truckling to despotism , but . as far as permitted by the rules of international law , by the exertion of the moral force of the English name . Might there not be a minister of this country whose policy was to make tyranny safe in Europe ? These antagonist principles were now npon their trial , and the House of Commons was called < uyon to decide whether England « as openly to countenance , not struggles foranarchy , but the efforts of mahTciitd for seif-goverhroent , * t > r lend its aid to crush these efforts .. Mr . Roebuck
then rapidly reviewed the system of foreign policy pursued by this country from 1790 to 1815 , and from 1830 to the present time , contrasting its principles in the two periods . He then noticed cursorily the circumstances under which the kingdom of Greece was established by the three Powers ; the petty : intrigues of which the little court of Athens soon became the focus : the obstinate ignorance of the English people as to for . ign affairs ; the insolent dunands made br Russia and Austria upon Turkey for the extradition of the Hungarian refugees , and the appearance of the English fleet in the Dardenellea , which had vindicated ihe rights or independent nations ; He then applied himself to the specific case of the claims upon Greece , to . whicli it was objected , that' the 'demands
were unlawful—that their amount was insignificant and exaggerated—that the manner in which they were urged was imperious and uncalled for ; and that the time for exacting redress was inopportune ; . He denied tbat there was anything an the claims ; contrary to the law of nations , which was a . system ot g eneral morality * the rules of which wefe Bomcwhat vague , But how . had they been interpreted in practice ? France in 1831 had Bent a'fleet into the Tagus to exact reparation for injuries suffered by . Freneh subjectsVour offer of mediation being refused . In 1842 the ' : French government bad in a similar manner obtained . redress for its subjects at St .: Salvador . -There were many similar instances on the part of France , America , and England
herself ; and with weak nations it was a merciful mode of proceedings in such cases , not to declare war , but to blockade their ports and take possession of certain property . For many years there had been continual complaints of the conductof the Greek governme » t : towards British subjects , letters from our ministers remaining unopened and ; of course ,: unanswered . In Mr . Finlay ' s case his land had been taken possession of , not for great national interests , but for a garden in which the King might disport himself at the expense of a British subject , wlio was refused all payment whatever . He applied to Lord Aberdeen to intercede with the Greek government ; Lord Aberdeen acknowledged the justice of his
claims , and directed Sir E . Lyons to urge them ; but Mr . Finlay obtained no redress . M . Pacifico , on a Sunday , when the Christians of Athens were at church , had his house attacked by a mob , headed by certain young noblemen , his family beaten , and his whole property destroyed . He cared not what M . Pacifico was ; he was born a British subject , and had a right to demand tbe protection of England . He appealed to the Greek government , and obtaining no reparation be sought that protection . Dad it ' been Baron Rothschild who bad been thus attacked , all Europe would have rang with the outrage ! but M . Pacifico being . a . poor Jew , he was treated with insult and his demands set aside ., It
had been said that international lav ? forbade compliance with such an appeal ; this he . denied , and he showed what would be the effect of such an interpretation of tbe law in despotic countries . Then it was said that these were isolated cases ; but there were other cases , ' and if we once relaxed , in the case of half-civilised nations , the rules by which the subjects of this country arc guarded abroad , there ^ would'be no ,. ' safety for English commerce . Mr . Roebuck then went into a minute examination of the details of the transactions betwixt M . Gros and Mr . Wyse at Athens , and Lord Palmerston and
M . Drouyn , de Lhiiys in England , and concluded by expressing a hope that , Mr . Hume . would not , by persevering in his amendment , enable members to ride off from deciding ; upon the general policy of the government . ' „ ' . ' " , V , ^ .,. Mr . Hume could not join in the tu qiuxjue argument of Mr . Roebuck , because he thought the conduct of other states furnished no rule of conduct for England . Finding , however , that he ( Mr . Hume ) had taken a wrong step , and that his amendment would place some hon . members in a . difficulty ,. he should not press it . :. -. ¦ ¦ ¦ '
. _ . . ¦ Sir F . TnBsiOBB observed that Mr . Roebuck , in placing himself in the gsp and moring such a resolution , had purchased a claim . to ( be substantial gratitude of the government . lie recollected , however , a debate , in 1843 , upon the war in Afghanistan , in which he had declared that Lord PaSner 8 ton was typ ified by a lucifer match , and he was astonished that , with such an impression , Mr Roebuck had proposed this resolution , the lucifer match being still in the Foreign-office . Mr . Roebuck had not called for a reversal of the
resolution of the House of Lords , but had prudently given an amp le range to every one who desired an excuse for voting with the government . After some general reflections upon the policy of Lord Palmerston , than which nothing , he thought , was more likely to embroil us with other nations , and which had resulted in the deepest humiliation to England , Sir Frederick examined at some length the cases of Mr . Finlay ant' M . Pacifioo , neither of which , he contended , afforded a ground for hostile aggreagion ; the former having been referred to arbitration , and the latter , wjuch involved absurd ,
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theSS ; i «" f ? r gger ^ d oliliras ' being ( a case for SrticS Jl ' - ?^ He then wenVintothe terSinn /^ he ne g ° i , i 9 iJ 3 carried on by the in-Soft ^ . 1108 - atld oGse ' ' vcd thilt Lord MSS&ite - " bee " char ^ d > ifchabrehchofthe SEfv" he had . P U ( 15 ated , and was nowin '"¦ yp . POMt'on as that m which'he mi « ht have stood without humiliation on the 14 th of May . lie calcl ^ o « 9 e whether these transactions were S t In th . e words of the motion , to " mainm nonour and dignity of this country ?" « r i ™ 2 ? PP orteu thG «»> tionf and in reply to naL Af The 8 I p - 1 ' dl 8 CUased minutel y the se / eral S 6 oftvT aVnt a ? lnst . ? Gr ' ck government , oneof which-thatof an individual who had been brutally tortured in the Turkish fashion-had been fJtf n J Otlced ' In al 1 f'ese cases redress was retHscd , and it was remakable how many of the Ionian islanders were insulted . floffPod and tnrh ™ H ha . unfoundedly , — .-r . or-v-r- - - ¦ --
, cause they ^ ere British subjects . In such instances if , was the plain and bounden duty of our government to interfere . But the most flagrant outrage was in the case of the FantOm ' s boat , and vet it was said that British honour was compromised by a demand for redress . It had boon admitted by the ablest advocate of the resolution of the House frttu' that for yeara P a 8 t the repve 8 entntives of the three great Powers at Athens had been caballing amongst themselves—one to maintain English another French , and another ' Russian interests . then was it for the English Minister at ' such a Court to say , " We cannot obtain redress ourselves ana must seek the intervention of Russia nnd trance ? The step taken by our govevnment would be of immense value throughout the East . and would dissipate the illusion of the Greek Court , that England dared not enforce her rights without the sanction of France and Russia . If Greece was to be maintained , it was hot by handing over our claims to Russia or France .
Sir James Graham hoped that at last they were let out of nisi prius , as for the last six hours they had been listening to three lawyers , who had not travelled out of the affairs of Greece . ( Cheers . ) Ho proceeded to ; say . that he was reluctantly dragced into thedebate , but he felt that to abstain from it would be cowardice in him . Touching upon his long political and personal , friendship for Lord Palmerston . ho said that since he had left the government of which his lordshi p had formed a part , he ¦ had frequently supported it , and had alwaj s maintained his regard for Lord Palmerston himself . Therefore , personal feeling could in no way influence his present conduct . Thequestion ' of that night was afar larger one than any speaker had yet
rendered it . He would endeavour to address himstlf to the general question . . He then went through the history of the foreign affairs of England for . some years past . He had himself been an assenting party to the siege of Antwerp , and the separation of Belgium from Holland , and alsn to the operations for Don Pedro , but he reminded the house that all these things had been done with the knowledee and approbation of all our allies . But in ill ustratioh of Lord Palmerston ' s foreign system , he cited a speeoh of the present Earl Grey ( when Lord Howujk ) delivered in that house in 1844 , which inculcated noninterference—a princ i ple Sir James declared to be sacred , and he said that he would contrast the advice contained in that speech with the conduct of
Lord Palmerston Immediately on coming into office with- the present government . Beginning with a despatch to Spain in 1846 , in which censure and counsel were administered in the most peremptory manner , Sir James proceeded to a despatch of 1848 , in which Narvaez was schooled by Lord Palmerston as to enlarging his ministry and introducing Liberals into it : The very speedy result was the expulsion of oiir representative from Spain . And when Spain , the proudest nation in the world , actually stooped to make an amende ,, the first thing Lord Palmer ' ston met her with was an announcement , that if Sir H . Bulwer was not . otherwise employed , he would be the minister who should be sent back to Madrid . Then in the case of Portugal , there
also Lord Palmerston had sought to dictate , in the caso of Costa Cabral . In reference to Switzerland , Sir James , with gretit apparent precii > ioB , was . detailing a case of di plomatic misconduct , which affected the honour of Englaw when he was suddenly stopped with " Quiteuntrue , " from Lord Palmerston . Then the noble lord meant to convey that , the ministers of France and Spain , in so stating were guilty of saying what was not borne out by fact . - [ Lord Palmerstcn was tinderstood to assent . ] As regarded France , Sir James then' charged his lordship with unremitting hostility to M . Guizot , and with incessant communications with his bitterest adversaries , who were now Republicans—a course which , . he said : would
be a reproach to Lord Palmerston ' s conscience to his last hour . He next quoted a despatch to Lord Ponsonby , in which Austria was accused of privately harbouring designs against Piedmont — a despatch which was ' allowed / to circulate all '' over Europe , Hut a most-solemn denial of such'designs ' by Prince Mettern . ich , received in three weeks after that despatch , was- read , was' Suppressed ; and never produced at all until Lord Brougham long afterwards forced . it out . Austria had loudly complained of tbiscpnduot . The despatch ' circulated , and Pied- mont , violently excited , became the assailant of Austria , and all that Lord Palmerston did to prevent hostilities was ; to - hint that Piedmont was hardly strong enough for the' contest ; And when
Austria asked the meditation of England in the matter , Lord Palmerston refused ; in the results that ensued nothing ; but the wisdom of Radetzky had saved Austria ' ; and the- end had been that revolution was everywhere put down . Naples , and our operations there ,. Sir' James next considered , and exposed the support we first gave to the insurgents , whom weabandoned to their fato on matters taking a different turn . Then came the cas ' o ' of Russia's demand of ' tbe Hungarian" refugees frorii Turkey ; - lie condemned the order to our fleet to proceed to the mouth of the Dardanelles before the result of our communication with the'Eriiperor was
known . And he further condemned the next orders , which sent the fleet actually within the Dardanelles . 'And then ; when the appearto tho Russian Emperor proved successful , and he became indignant at the hostile step , an excuse ' of stress ef weather was made on the part of England , which was actually false ! the removal of the fleet haying actually taken place , as witnessed by Lord Hafdwicki''dn / ft- ; benu- . tiful day . and-inVclear' water . ' IIe thon « iddreS 8 ed himself to the affairs of Greece , ancl . ' ^ readiiig'a despatch to M ; Glarakis , in Oct ., 18 i 7 i declafed thait its n » 09 t " offensive " ' tbnS wept' a loiig way' to explain subsequent difficulties with Greek administrations . Hebelievedtbat Greece was not innocent of
fermenting insurrection in the Ionian '' Isles ' . Sir H : Ward makes that charge , which is solemnly denied by the King of Greece , ahd ' the ' reupoh Sir nenry retracts . And : 'after this Lord Palmerston himself reiterates the charge with additional items—a line of conduit devoid ^ 6 f truth and' honesty , and therefore detrimental to the honour of England . Much might , no doubt , 'be said in vindication of the claims which had formed the ¦ subject of that ni ght's debate ; But the ease of tlie ' islands , ' : t 6 which' little or norfeference had-been made , was at present involved in obscurity . ' The title to ^ those islands was most uncertain . and yet , amid all that uncertainty , positive bidevs had been given by tine Foreign-office to seize them ; and accident onl y had prevented that
seizure , and ; in all probability ^ a consequent war . As regarded our conduct tb France in the Greek affair , . our course should have been , as soon as it was admitted that accident only had prevented the fulfilment of the convention of London ; to have at once recurred to that treaty instead of allowing delay , and amusing the house and the country with attempts to fix the blame on M . Gros , whereby the good understandiiig of the countries : vvere ' ieopai - dised . Slightly alluding to the ' difficult question " of Denmark , he summed up by saying that the Aniba 8 Sanor of France had been recalled , and the representative of Austria bad been withdrawn : that the
amity of Prussia wns entangled in the Danish question ; , that ; Russia was , writing angry , notes ; that Narvaez was all powerful in Spain " , and Costa Cabral in Portugal ; that a French army was . established ., ir . Rome ,. an ( l the Pope was as much as ever estranged from this country . Under these ciroumstances , ; he . was asked to , vote for a resolution affirming the wisdom of the foreign / policy of the nobleman under , whose administration all this had taken place . S . ucha resolution he could not support . ' sir James sat down amid loud cheering , and tbe debate was instantly adjourned . i . ' ... ; 1 The house rose at one o ' clock .
V :-TUESDAY , June 25 / ¦ : HOUSE OF LORDS . —Marquis of LoNpoKDKKRT postponed until Thursday next his resolutions respecting the : Lord-Lieutenancy of Ireland . : ¦> > ' ' Several . bills were advanced a stage , and their lordships then adjourned . . ! . ; HOUSE . OE . C ' OMMONS . —The adjourned debato on Mr . Roebuck's motion was resumed by Mr . Bbrnal Osdorne , who said' that he considered that this was not a question of details . The house was not called upon to « ay whether it approved every act of our Foreign Minister , but whether our foreign policy was to be regulated by the representatives of foreign nations . He taunted the Protectionists with not having brought forward a motion upon the subject—a course he should have expected from tho
ingenuity of cunnmg . Jsharpened by the pertinacity of revenge . After a personal attack upon Sir James Graham ( upon whom , ' he said , the mantle of Mr ,. Urquhart had fallen ) , he ; quoted parliamentary records to show that a short time ago , upon a discussion on Portuguese affairs , Sir James had declared his entire approval of the conduct of Lord Palmerston in reference to Portueal . He would , he said , vote with Sir James if Lord Palmerston were not able to dispose of the acousations against him as easily as he ( Mr . Bernal Oshorne ) could dispose of the political character and consistency of Sir James Graham . As regarded Greece , he believed that the sticking up a Russian puppet in the Levant was a foolish mistake , that the Greeks were a most profligate and worthless people , and . that W had found
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it neoe ^ ary , to chantise ; tho ohild whomwe h-id so Lord John ; MANHEits contrast ,. dtiSi * < « declamation * mM j ^^ J ^ & throwing her . protection around her n cane ! Inn with thefacts , norefutation of which h d everbeen attemp-ed , m reference to . the recent sefzure 3 impmontnenfcofan unoffend . nff British subject Jv io Americans at Charleston , and in reference to the expulsion , by Lord Palmcrston ' s «™ i »» i ! n
French Republic , of the harmless and indus trious English labourers in France . Alluding to Lord Palmer . ston ' 8 alleged love of peace , he dwelt upon his lordship ' s conduct in the case of tlie islands of Corvi and Sapienza , and in Switzerland , in pi-oof of the bellicose way in which such lovo was manifested . Ho next inquired what was tho success of those efforts at establishing constitutional governments abroad , which were considered so important a duty of our own government ; and he instanced a series of tyrannies and barbarities committed by ViUMOUS newly arisen Liberal governments as an evidence of what Lord Pnlmerston had done for the jood of mankind . After showing how many of his ordship s efforts and prophecies had alike failed instancing particularl y the case of Austria , whose sway m Ital y Lord Palmerston had confidently
asserted could never be re-established , ) he concluded by declaring that ho could not see that the honour or dignity ol England either had been , or could be , maintained by a policy which exposed thiHountrv to the indignation of civilised Europe . Mr . CniSHOLJt Axstey , in a speech ' ef nearly two hours and a half , delivered to a very thin auJionce , explained the difficulty he felt in coming to any decision upon the question , for while he had been upon many occasions , compelled to oppose the foreign policy of ministers , it had , of late years , met Ins entire approbation . Under the circumstances he could not give his vote in favour of so enm- ™! a
verdict of approval as that implied in Mr . Roebuck s resolution , while he certainl y could not join in ¦ a vote which involved a general censure . He therefore , hoped he should be favourably judBoi when he ' announced that he should not vote at all . ! Mr . Baillie Cochrane addressed himself to an examination' pT . the conduct . of Lord Palmerston in reference to the affairs of Switzerland , and of the behaviour of his agent , Lord Minto , in Rome , during the revolutionary period there . Ho next censured the mode in which the Sicilian and Neapolitan negotiations had been conducted , and stating that he would abstain from going over othor topics which had already been handled , he concluded by denouncing Lord Palmerston ' s policy as bein . ' , despite of t . he character which had been claimed for it , decidedly un-English , . :
" Viscount ; Palmekbton said that it was due to himself , to the house , and to the country , that the second night of this important debate should not close without a statement from him . This was no mere question of the endurance of a ministry , but was a question of national policy . But he thought the way in , which this subject had been brought on was unworthy of the party which had obtained a hostile majority in the Lords , and which should have . brought forward a _ substantial motion in accordance with that affirmed by the Peers . Addressjng himself to the latter resolution ,, he declared that , it advocated a policy hostile to the interests , rights ; and dignitv of the country , which was told that its subiects
abroad must not look to the mother country for protection , but must trust to the chances of the corruption and tyranny of the government under which they might happen to be placed . He denied that doctrine . No minister had ever acted under it , and no minister would bo allowed by the nation to act uiitier . it . . Doubtless an appeal to the courts of justice of the foreign country was the first duty of an injured Englishman , but there were cases irr which nothing like justice could be hoped for from those courts , and also cases in which laws were passed to which no Englishman , ought to be subject , and these became exceptional cases in which interference was rendered a duty . It became the question how far this rule was aplicable
p to recent events . He proceeded to sketch' tho history of oiir relations with Greece , and alluded ' to tho 'declaration to the Greeks by the Three Power * , that the King would give them a constitution , which , it was arranged , should be deferred till Otho attained his majority . That time came , but no constitution was granted , and ifcwas ' found that Russia , Prussia , and Austria ( all then despotic ) were advising the withholding such constitution . France , too , where England had looked for support , thought the time had not come for constitutional government in Greece ; an'd ; Bavaria , leaning the same way , England . stood alone at Athens . But the English government declined to depart from the declaration she had originally made
in favour of ' si constitution . Thei-o was no nienn , low contest of intrigues , cavried on between Sir E . Lyons and his antagonists , but their difference was simply upon that of . the great princi ple in question . Every sort of abuse quickly sprang up in Greeoethe Greek character , always dishonest , developeb " into brigandage—while the police practised every species of corruption and revolting barbarity ( torturing indiviOuals of both sexes , ) and were nevertheless favoured and'screoned in high quarters . It'became necessary to put a stop to such practices , so far as they affected the subjects' of her Majesty . Deprecating the tone in which the grievances which liad formed parf of the debato had been discussed , he proceeded to consider the . details of each cass .
Tlie first was the insult to the British navy . Explaining the original Spitfire affnir ( upon which the Greek authorities sought to excuse their ; conduct to the English ' officer , ' ) 'he stated that' all that had been demanded by us was an apology , to which we were clearly-entitled . Next came the Customhouse case , in which lie declared ttipt the conduct of the * Greek authorities . 'had been exceedingly bad , while our demand had been remarkabl y moderate . . Ho then adverted to the case of the inhor cent men who hud' been' nianaclnd ; thumbscrewed , and dragged to prison , and . in wliich he also said that we bTad a perfect rig ht' to demand compensation . A similar rule appplied to tho . case of those persons who , having been found sleeping outside
their own doors , had been dragged to prison , and flogged , for no offence , and under the sentence of riotvUiunal . ' : Mr . Finlay ' s affair followed . This case was one . whichmust be " viewed with regret by all who were interested in the honour of royalty , which had here sought , for the sake not even of a national . object ; but for that of private enjoyment , to deprive a stranger of his land without making him a gust ' cbpipensatiori . In 1843 , the Greeks having , lostipntionce ; and extorted a " constitution , courts of ; law ; were established , but they had no jurisdiction over Mr . Finlay ' s case , while an arbitration , which was negotiated , was rendered impos 1 sible by the demand of tho Greek Covernment to appoint two out of tho three arbiters Another
arbitration was defeated by a stratagem of the Greek officials , { and at last a demand , not of a specific : sum ; : but of the value of ' Mr . Finlay ' s land—no unreasonable claim—was made by her 'Mnjus ' tyV 'government / : He proceeded to M . Pncifico ' s case ; Partially defending that person against the amputations which-had been cast against him , bis ^ lordship declared that his , not Pacifico s , ; character , but his treatment , was the matter for consideration . He denied the justice of the taunts ; which had been launched njrainst M . Pacifico for alleged poverty / stated the outrages inflicted upon his' house , which the mob for two . hours was plundering : and destroying , ¦ and whioh tbey ultimately reducer ] to utter ruin ; and showed that M . Pacifico had no means whatever of
obtaining . redress ,, which ,, and not reverijro , : was his object . This of all others was a case in which we were entitled to call upon the Greek government for . ' compensation ; and . had that : government entered fairly upon the . nojrotiation , the result would no doubt-have been satisfactory ' . But-as the Greek government denied the prlneiple of the claim , Mr .-Wyse had no other course but to insist upon it . All . these claims and demands , continued Lord Palmerston , were from year to year evaded or treated with contemptuous silence , and it became the question whether we were to enforce or to abandon them . Tho smallness of the Greek country , was surely no reason for its'i ofiending with impunity , nor could wo tell our injured subjects that they should not have redress , simply
because we had subh ample means of obtaining it for them . ' And . hoconceived we took a generous course , and one which spared all injury to Greek pride , in sending , a force which at once showed to , all Europe that resistance was out of the question .. / Defending tho mode in which our reprisals had- been- made , . lie adverted to ; our oheerful acceptance of the proffered good offices of France , upon the terms . of which acceptance ther could be no doubt at all . There never had been nay misunderstanding between M . Drouyn ueLhuysand himself . The . mediation was limited to the quesSion , what sum Mr . Finlay and M . Pacifico were' to receive , and ' was to embraeo tha question wbethcr they were to receive anything or not . And Mr . Wyse was not to decide ( in the-event of any diftV rence ) whether Baron Gros' mission w « s tn ond nr
not . Stress had been laid upon Iub , Loi-d Palmerston ' s not sending out on toe 9 th of April , to Mr . Wyse , information as to this latter arrangement , but his lordship said this had already boon rendered unnecessary , for on the 25 th of Maroh ho had sent Mr . Wyse instructions , which , if acted upon in the spirit iu which they 'were sent , would have answered precisely the same purpose . And no dispute did arise which could have been mot by any instructions which could at any time have been sent , to Mr . Wyse . Following the history of the negotiation , he accused Baron Gros of having , on tho 22 nd of April , retraoted terms to which ho had previously come , and of having insisted ( on the faith of information from Portugal hostile to Pacifioo ) oh opening the question of Pacifico ' s title to any compensation at all . This be had no right to discuss . The negotiation W 8 therefore broken off , ' But it Mi
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£ not true that MiyWyse . l . ad received any information the 24 th of April from Baron Gros , appi-jsin ? him of the convention of London . It was admitted by the French government that Baron Gros himself had not then received in / jrmal ion of that convention , and the fact was , tnat until the 2 nd ot May Mr . Wyse had not known of it , so that he was full y exculpated from the charge " of having used force after he know that in London specific terms had been agreed to . It was , therefore , 15 aron Gros who withdrew generally and officially , from his mission , lie proposed afterwards to retract this withdrawal . Sir . Wyse made a proposal to test his sincerity of intention in such latter proposition , and met with a refusal . A private negotiation between Baron . Gros and tho Greek government prosured still further
unuigences ; but all proving in . vain , iMr . Wvse , at last , took tho onl y step that remained . Lord Palmerston then said that negotiations had since gone lUvtnM ? " - S ' - wllich . he was nappy to say , had terminated satisfactoril y , on the basis of adheru g to such part of the Won convention a . wasatiUavailable . Thero was one point for which Mr . Wyso had provided , but for which our government had not thought necessary io provide , namely , a d . scl . umer of any right , on the part of Greece , to ask compensation for danwae done to vessels during the reprisals . This provision Lord Palmerston deemed needless , as no such claim could have a shadow of foundation . in lieu of that provision , we had agreed to accept the
good offices of France with the Greek govern * ment . There the whole matter ended . lie then went into the case of the islands of Ccrvi and Sapienza , and contended , for the history of the Ionian Islands , that Sapienza had by solemn decree been aggregated to Zante , and Cervi to Cerigo ; There could be no doubt about the title to theislands , or about its notoriety . They had alwaysbeftn considered as bclonging to England , and any taking possession of them by the Greek government ? was an intrusion . But that question was not included in our demand , and was still open to discus * sion . Having disposed of Greece he came to the wider range taken tho preceding ni ght by Sir James Graham ; who , he admitted had taken
-, apro per view of the real question before the house . Adverting to the first statement made by Sir James Graham , ho denied that our allies had agreed in the measures-in Belgium which Sir James had concurred in , for Russia , Prussia , and Austria actually protested against them , ; and wi thdrew from the conference . He pointed , nevertheless , to theissue of the Belgian experiment as a most successful ius . tificationofthe eoursethen taken by England in unison with France . He then dealt , in succession witli the following points in Sir James Graham ' s speech-. —First , the Portuguese treaty , which he de 9 oribQd us a vietory of constitutionalism over despotism , and ho also defended our own subsequent interference in tho affairs of that countryin
, order to disarm the Liberal party there , and put aw end to civil war . In the course of this part of thediscussion he cosiplained that those who attacked 1 him there and elsewhere referred everything to personal feeling ; which , he declared , was absurd , when brought to bear against himself , who , as Foreign Minister , was only the representative of English feeling , and which , when attributed to him as a motive , was utterly unfounded . Second , the affairs of Spain , in regard to which he- had always considered that the interests of England . would be promoted by fostering constitutionalism , and independence in that country , on which principle he de » fended the course he had adopted in reference to Spanish affairs . Narvaez was Minister in Spain .
but the constitution was in force . Defending himself from the chavge of discourtesy or poremptoriness in his despatches , he informed the hout . ( humourously entreating them to preaerve so profound a diplomatic secret , ) that the reeent note to Spain , in which mention was made of Sir H . Bulwer , had been confidently read and approved by the Spanish , Cabinet before it was officiall y promulgated . Thirdly , France . , Ho utterly denied having intrigued to overthrow the late monarcliial government of France , or the Guizot administration ; and ho declared ( amid great party cheering , ) that if Franco thought that a knot of forei gn conspirators aided by a fraction of co-adjutora at home , when banded to destroy one of her ministers , the French
people would rally the more strongl y around a man who was , by that conspiracy , proved to be doing his duty to his own nation . Fifthly , Switzerland .. Hig lordship made a , very , long and detached statement of the whole history of the quarrel'between Sonderbund and the antagonist cantonSj . and of the negotiations connected therewith , in order to acquit himself of the cbargo of double-dealing brought forward b y Sir J . Graham , and which his lordship denied for himself and for his representative ,. ^ the most emphatioi manner . Sixthly , Austria . He denied that Austria : had really felt aggrieved at the non-production of tbe despatch alluded to- by Sir Jame 3 , for the Austrian Cabinet had allowed a whole half year to elapse between the production of the first
and last despatches , without ever making a representation onthesubject . Seventhly ., Italy . After defending himself against the charge of unduly mixing in the Sardinian affair , he adverted to the case of Lord Minto , whose mission had . been privrtely but expressly asked for by the Pope-, and who had advised nothing but administrative-reforms , which , ' so far as they were carried out ,, bore good fruit . In reference to the case of the Sicilians , he argued that we had , through Lord Minto , acted a most friendly part towards the real interests of both parties in the strife , and that we had done everything , to preventt or to stop , revolution . And , eighthly , Turkey . Adverting to the unanimity with which all parties supported the appeal of Turkey .
in regard to the protecting from Russia the Hungarian refugees , he defended the acoompanying our despatch to Russia by the sending inour fleet . The menacing attitude of Russia , in reference to these rofugGDS , rendered necessary such a step , which was no threat , but a signal ol support to . the Sultan should , he be attacked . He explained the treaty prohibiting the , entrance of shipja-of war into the Dardanelles—a " treaty we wore alleged to have broken ; he wont into a descri ption of the localities , and showed that the removal of the fleet to the Inner Buy was caused by the , apprehended necessities ; of weather , and was , . actuall y urged by the Porte itself , out of regard for . the safety of the British fleet . But he ( Lord Palracr ston ) had previously written to instruct the admiral to keep out of the Dardanelles . " Kussia made a representation on the subject ; and mstea ' d of pleading a plausible neces sityror . ( as the fact was ) . the want of precision
in the treaty ' si description of the limits of the-Straits , we accepted tbe Russian interpretation of . tho treaty , and agreed that henceforth all shipsshould be excluded from the Straits . His lord-hip ( who spoke for . four hours and : three-quarters ) , said that he had ,, he . thought ,. disposed of the charges hitherto brought against him .. The , principles on which ' . he ' ha d acted , . were ,, he believed , those of the mass of the English people ,. and ; were the principles of humanity , of advancement ,, and of civilisation . He did notconiplain ofthoaSBiiults upon him , fora position in tho government of this country was always an object of laudable ambition , and never so much so as now ; when almost every country in Europe had been agitated into , bloodstied , England stood alone , a proud ' example of liberty combined with order . But , in contending that in tho forei gn policy , of the government nothing had been done to forfeit the confidence of tho country , he fearlessly challenged the verdict . of the house . Tremendous and reiterated cheering followed . tha close . of the speech ,. and the house -was " almost instantly , cleared , at half-past two . ; ... " . "
WEDNESDAY , Jdnb 26 . ! nOUSE OF COMMONS . —CounitRmes Bin . —Sir H . HAponp , in mftving tho second , reading of this bill , justified' its . " objects ; upon the grouni that these lutes , althoaphthey wero iiomiiiall y paid by the occupier ,, fell upon thetowner , v 4 ihd that the relief it afforded , to the former , by transferring the rates altogether ' to the owners , would , in the condition , of the tenant fasuiers , bo . opportune . ¦' . ' : ' ,. ' , Mr . C ; Lewis opposed the bill , as contrary , to the general principle . of the law oil England , that the incidence of these rates shall be upon the owner except undo ? special and ( peculiar circunistances , and he moved , to deferth& second reading for six months . . ;
, Si ? J . Parkincjeon recommended Sir II . Halford not to persevere . with the biH which contained a general principle it would be inexpedient to adopt . Mr . M . Gibson opposed the bill because it would in some cases inflictt gross injustice upon landlords . ,, : Mr . R . p-AiMEn agreed : that those ratas which were for tha permanent improvement off the land should be paid by tlie owner ; but there . were other rates for purpose in which , the occupiesv had a coneuiTont interest . ' . . ¦
Mr . Sothbros suggested that tho bill , tho principle of which lie supuar . ted , should bo . ieferred to a select , eommitcpc . After ?<> me fuvtheivdi ' scuMslonthe cgaiendment -w . aa carried and tlie bilb wns lost . ; Larceny Sumnvvax Jurisdiction Bill . - —On tho ofder of the day . for the third reading of this bill , Sir G . Stricri , a , ns > reneiyed hi $ opposition to the whole policy of the . measure , r 3 iterating the objections heliaduj : ged at theseqond reading of the bill , and nvwed ; to defer tho . third reading , for six months .
Mr . M . Mii < nes seconded this amendmont , which was likewise supported by Mr . S . Crawford and Mr . M'Cvuaoh . and opposed by Sir J . Pakinqton , Mr . Rick , Wr . Banker and Mr . Aoliombt . Upon a division the third reading was carried by 110 against 25 , and the bill passed . Mr . Aqhonbtmoved the second . reading of the Copyholds Enfranchisement BUI , the principle ot which , he observed , was to relieve copyhold lands fromtheinoidentsofthetenure . partoftheoldfeudal svstem , vehioh were oppressive and created general dissatisfaction ; due regard being had to the rights : and intev € 3 t 8 of lords of mams , The present bill
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COURT OP EXCHEQUER . GILES T . PRlTCUErr . In this action the plaintiff sonant to recover damages against the defendant for criminal- conversation with the plaintiff ' s wife —Tfrs was certainly one of the most extraordinary cases which ever came into court , and the defence on the record was almost as sinsularasthecase ; for we cannot call to mind having seen a plea like the present . The defendant first denied the allegation of the plaintiff , by the plea of not guilty , and ; secondl y , alleged that the lady in question was not the plaintiff ' s wife . Mr Humphrey , Q . C . ( with whom was Mr . Lush , J in opening the cases , said that in an action like the pr&-sent , he had not to appeal to the sympathies of the
jar ? to consider the outraged feelings of a husband He could not profess that they had been outraged for this action was , in fnct , brought in consequence of there being issued by the defendant and the p laintiff s wife , who mkht at some future period be made chargeable to him . The circumstances of the case verp these : —The plaintiff , at the time of uis mirnage with , las present wife , then Mary Efiza Berry , was employed in the silk and ribbon shop of Messrs . Leaf . He established himself in the same line of business soon after his mirriage , but had , unhBppilv , been very unsuccessful . The plaimiff and his wife had , for some reason , disputes , or , tb use a milder term , differences , which although she had borne him two children rendered it expedient that
, taey should part . The lady went to live with her psrents , who fomented the quarrel by all the means in their power , obstructed the plaintiff in seeing his w « e and probably induced her to take the step which had actually been taken—of proceeding against i ? i ! Con ^? J C ° « ut to procure a divoree , which suit ended in the court giving judgment for a separation amenta etthoro . It was clear that this was a judgment merely of separation , and did not in Jsnglish law amount to a divorce , so as to enable either party to m * rry again during the life , of the Other ; a-d further , it did not free the plaintiff from the li =. baity of maintaining any issue she might have , even by another , while both he and hia wife were in the same country , for it was the rule of law in such
a case « hat he was to be held as the father , who was in fact or in law the husband . The plaintiff's wife having , subsequently to the sentence , contrac ed an intimacy with the defendan * , and had two children by him , the plaintiff felt bound and entitled to cpme before a jory to seek compensation for the injury ioSicted upon him . Yet he ( Mr . Humphrey ) must admit thaf the aetinirwas , in fact , brought , not so much for damages , as to enable the p l aintiff to free hiniidf from the liability which now was or might at a future period be imposed on him , of supporting aid educating children that were not his . —The marriage was proved , and also that all connexion had ceased between the plaintiff and his wile for ten years , and that he had really never interfered with her course of life or tried to induce her to return to hia . —The Lord Chief Baron asked whether , under
the circumstances , it was worth while to take up any farther time ?—Mr . Martin , Q . C . ( with whom was Mr . Temple , ) for the defendant , s ^ id that the lady and the defendant had been most cruelly per * ecated by the plaintiff ; but the learned gentleman was interrupted by tl ; e Lord Chief Bar .. n , who said : I do not wish to know mote of the case than is suffici-nt to enable tbe court and the jury to do justice between the two jaiiies to the action before as . —Mr . Martin : Tbe Ecclesiastical Court pr <» - connctd the separation on the ground of cruelty and adultery of the hnsband—The Lord Chief Baron - If a man permit his wife to live with another man fer so many years without endeavouring to prevent the intercourse , or to induce her to abandon it , he cannot maintain an actioa for criminal conversation ; tie verdict must necessarily be for the defendant . — The jury returned a verdict accordingly .
- C 0 HPEX 8 ATI 05 . —KS 1 GBT T . FOX . This was an action brought by the plaintiff , a lady , against the defendants , iron-founders and contractors at Birmingham , to recover damages for injuries she received in consequence of the improper construction of scaffolding , a portion of which protruded into the highway , and caused the plahuhTto fall and hurt herself rery much . —Mr . Snovlsa . Q . C ., and another learned gentleman appeared for the plaintiff ; and Mr . "Whateley , Q C , for the defendants . —The defendants , it appeared , h ; . d contracted to furnish the necessary work for the purpose of making a railway bridge ; and the | eneral superintendent of the railway works , Mr . Cochrane , had , under them , contracted with the
company to build it . The scaffolding was erected by Mr . Cochrane without the personal instructions of the defendants , but entirely on his own responsibility . On the night of Aug . 25 th last , the plaintiff and her daughter were returning home , about ten , when the former struck and fell over a piece of wood , where the new bridge was being made , which jotted out from the rest of the scaffolding , and projected on the pavement . The plaintiff , who was quite disabled by the violence of the shock from rising , was conveyed to the nearestchemist ' s , and thence in a cab to her own residence , in Belgrave-place , a distance of four or five miles . On reaching her home a surgeon , Mr . Hooper , who had attended her and her family for
years , was sent for , and he described the injuries she had sustained as beine most serious . Both the bones of her right leg were broken , and the motion of the cab had converted that fracture into a compound fracture ; her right arm was severely contused , and nothing but the strength of her muscles aived it from being fractured . The surgeon ' s bill was £ 31 17 s . 6 d . and the other expenses amounted to about £ 22 . —Mr . Whateley , in his address to the jury for the defendants , disclaimed all idea of attempting to deny that a serious injary had been done to tbe plaintiff—one which the gentlemen , Messrs . Fox and Henderson , whom he represented , deplore as much as it was possible . But this was sot tbe case of a person who had to maintain
herself by her own labour , for she has a small income on which to depend . The defendants employed a parson to make this scaffold , which they never saw ; and truly , if owing to the : improper construction of it injury was done , very little beyond the amount Of the expense the plaintiff was actually put to would , as damages , satisfy the justice-jof- the case . —The Lord Chief Baron , in summing-up , told the jnrythat , when himself at the bar , he had never called , iu a case like the present , for damages in respect of any pain or suffering which might have been inflicted by the accident complained of , on the plaintiff ; for it might be looked on as the act of Providence , to a certain extent , where there was
iiO positive malice on the part of the defendants . Iu this spirit he himself bad asked the jury to assess the damages in the case of Mr . Carpue , the surgeon , who had been seriously injured by an accident on the-Brighton Railway , and the plaintiff Ken . assented to the view he had taken . Undoubtedly the case was in the hands of the jury , who would award the expenses the plaintiff had incurred , and such further sum as they deemed reasonable . His lordshi p then proceeded to detail the evidence .-The jury , after a short deliberation , found tor the plaintiff , £ 200 damages , and the Lord Chief Baron gave leave to move , as above stated , to enter a nonsuit .
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COURT OF QUEEN'S BENCH . WAIXY V . BKAHWZUh—Q , CALmCATI 05 TOR TOWS couycuwB . In this case an action had been brought against tbe defendant for penalties under the Municipal Corporations Amendment Act , for acting as a councillor of the borough of Stockport , without being duly qualified so to do . Under the Act in question , it was necessary that a party thus acting should be an inhabitant householder of the borough , and be wted in respect of premises in it for three years
be-Jbre he is qualified to act as councillor . It appeared tnat the defendant had occupied for the full time required by the Act a house , known as the " Jolly Hatters , " to which a warehouse was attached , in feapect of which house and warehouse he had been rated , and paid the rates , havingalso been an inhabitant householder of the borough for the whole "me . It appeared , however , that in August , 1848 , * £ had ceased to occupy the house , but still retained tte warehouse , on which he paid the rates , which fttes were sufficient in amount to qualify him , if he ** s otherwue duly Qualified . Tse question was ,
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j . js , therefore , clear that the prisoner was their ' cprvant . The directors havr the ultimate charge « f all the documents of t * e company , and , in the -jdjnary course of bu . »> ess between tho company sad their bankers , tbe paid cheques are returned to r te directors ; become their " vouchers , and , consc onently , their proper ty ,. beingdocuments , belonging to tbe directors , as such . It was one of the prisoner 's appointed duties to receive and keep for his -np loyrs such returned cheques ; and every such paper , " therefore , m his custod y , would be in the Wjl possession of the directors . The paper in . Jestion . as soon as it had arrived from the hand of 2 ) 1 C messenger at its ultimate destination , namely # e custody of the prisoner , for the directors waa virtual !? in their possession so when he afterwards a tetwcted it for an unlawful purpose , he was dearly ¦ llty of stealing it from his employers . If abutler S . ** ? 2 ! 5 ? ft ° L * plate shouU - - Tt is , therefore , clear that the pnsoner was their i rvsnt , The directors hav . the . ultimate charge
. ^^ ^ jre plate from the silversmiths for his master ' s B 5 ei he would be guilty of larcenyif he fraudulently inverted it to his own use , although it had not other wise than by his receiving it . come to the ac-{ asl possession of his master . The judgment then proceeded to distinguish this case from those cited fn argument , and especially from that of " tlie Eing jg ainst Masters . la that case , the jud gment proceeded to state , the prisoner ' s duty was merely to j ^ cei vc the money from another servant and pass it on to a third , who accounted for it to his master Here the paper , we consider , reached its ultimate de stination when placed in . the prisoner ' s hands and bis possession was tbatof the directors , hia masters So difficulty arises from his being a shareholder " for as sucn he had no property in the paper . "—The conviction was affirmed ; sentence will be passed in tbe next session of the Central Criminal Court .
$M^R(Ai P Arlwmwt Gmttgrfal Fammt: "'
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Citation
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Northern Star (1837-1852), June 29, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1580/page/7/
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