% 
1843.) 
THE GARDENERS’ 
CHRONICLE. 
567 
possible to disturb, as the Repealers were in reality the 
true friends of the Sovereign ; therefore, the object 
attributed to M. Ledru Rollin was false—that he 
wished to draw the people of Ireland from their alle- 
Biance. He was not surprised that they should speak 
of the alliance between the Irish troops and French 
Warriors in bygone times, because the violation of the 
‘treaty of Limérick alone (independent of any similar case) 
Sent no less than 50,000 men into the French service; 
and on the record in Paris it was to be seen that 
144,000 Irishmen died in the French service, and most 
Of that number on the field of batile. Aletter of acknow- 
ledginent was then adopted, from which the following is 
Sn extract:—‘' We understand each other perfectly. 
Sur present countenance and sympathy is bestowed upon 
men who are struggling within the limits of local law and 
Constitutional principle for the rights and liberties of 
their native land—of men who desire to use no other 
Means than those which are peaceable—means which have 
ho other efficacy than that which arises from their moral 
force and power. You, indeed, allude to another contin- 
Sency, in which you may be disposed to be more active 
4M our support. But that is a contingency which we de- 
cline to discuss, because we now deem it impossible 
that it should arise, the British Government having 
retracted every menace of illegal force and unjust 
Violence, and confining its resistance to our claims 
—if it shall continue to resist those claims—within 
the ordinary channels of legalised administration.’” 
he week’s rent wos announced to be 1,354/. 11s. 4d, 
Baltinglass. —The Wicklow Repeal demonstration took 
Place in this town on Sunday. Nezrly 150,000 persons 
are®said to have been present, collected from the five or 
six adjoinmg counties. At the banquet which followed, 
re O71 Connell said, ‘I trast that before Christmas comes 
Wwe will have the Preservative Society silting in Dublin, 
8nd drawing up bills which they will call on the British 
Parliament to pass: if they will refuse, then respectfully 
call on her Majesty to convene a Parliament in Ireland 
again. I, therefore, call upon all of you to become 
Apostles of my sect—to promulgate my doctrines far and 
hear—to talk amongst yourselves and to convey amongst 
your neighbours the plan { propose, which will have the 
effect of putting an end to absenteeism—to the clearance 
System—to the extermination of tenants—to the over- 
burdening with taxation—to the miserable limit of our 
franchises—to the giving to our corporate towns the full 
dominion of their local affairs, and to Ireland generally 
the regulation of all that concerns her welfare.’’? ‘The 
ev. Mr. Lalor, (parish priest of Baltinglass), said, in 
acknowledging the toast of the Clergy, ‘* that rumours 
Were abroad of an intention on the part of Government 
to renew the attem pt of pensioning the Irish priesthood on 
the Crown; but he would tell England, that wealthy though 
she was, she' was: too poor to bribe the Catholic clergy of 
Ireland. There was uo project that could find less favour 
in his eyes than that which was said to be in contemplation, 
for the history of all countries abounded in erence to 
Show that the interests of true religion had inva been 
Mpaired in every land where church and state were Rie 
SCOTLAND. 
Ddinburyi: —The local papers state that since the late 
ie before. the High Court of Justiciary, for the sale of 
Asphemous publications, which was delayed in conse~ 
ee of a technical flaw in the indictment, a man named 
ae eon has come down from London, and opened an- 
ae shop for their sale, with more open defiance to the 
Orities than before. Our readers may recollect that 
© conduct of this man in Holywell-street was frequently 
Were of legal proceedings before the police magis~ 
tise a the metropolis.—It is said that there is no doubt 
ones Duke of Wellington will y 
he Dek and that he will for a few de be the guest of 
ke of Hamilton. 
tri; 
HPiseellancous. 
iy The Duke of Marlborough’s Despatches.—A discovery 
8 been recently made, the interest of which it is not 
qaewle to overrate, ulihough the extent of its historical 
boa has only hitherto been partially ascertained. In a 
§se in the town of Woodstock there had been lying for 
NY years 18 boxes, supposed to contain deeds and 
Pavers appertaining to the Marlborough estates, whose 
Cxisten nobody had ever thought of disturbing, and the 
dea. Nee of which was probably unknown to Arch- 
ee Coxe when he had the ransacking of all the 
be ay oa stores of Blenheim. ‘These boxes have 
fou ately opened and examined, ands they have been 
les “nd to contain the whole of the correspondence and 
a ees of the great Duke of Marlborough, during the 
Period of the war of succession. A large portion 
—the letters to Prince Eugene and all the foreign 
eigns, Princes, and Generals—are in the French lan- 
Comp They form a collection very much resembling the 
atio? on of Colonel Garw ood, and the partial examin- 
been 1 Ch there has been time to bestow on them ha 
tated th enough to prove the very great interest of the 
ney contain. We understand that these precious 
preset ortant documents have been confided, by the 
on of $i, uke of Mariborough, to the custody and inspec- 
Gros, George Murray.— Times. 
ere ane of Wood.—A few days ago, as some workmen 
Thornt} “ng up a log of cedar, at the BHigh Mill, in 
og, tv Sus, they discovered, nearly in the heart of the 
hehe of pieces of be utiful china < here were several 
detect wh: rons wood on all sides of the china, and no 
Pieces Alever to be seen in the log in which the two 
Were so closely embedded.—Cumberiand Packet, 
Of then 
Over 
SUage, 
Steam Draining Machine—On Saturday last, the 
commissioners for superintending the works for the drain- 
ing of the Lake of Haarlem laid the first stone of the 
building of the steam-engine called the “« Leeghwater,’” 
from Mr, Leeghwater Ryp, mill-builder and engineer, 
who published, in 1643, his book on the Lake of Haarlem, 
in which there is a complete plan for draining that great 
lake. The Leeghwater is the first machine for draining 
of water by steam instead of wind, and is the greatest 
attempt at draining in the Netherlands—a work unpa- 
ralleled among us; and which will do honour as well to 
the Princes in whose reign it was projected, as to 
the King under whom it will be completed, The cavity 
in which the first stone will be placed is about six and a 
half yards below the lowest of the water ; 1,400 piles have 
been driven into the ground, to serve as the foundation 
of this heavy building. The result of these preliminary 
operations has proved that the soil is perfectly good and 
solid, and there is every reason to hope that the founda- 
tion will be fully equal to bear the immense weight.— 
Mark Lane Exnress. 
daw, 
House or Lorns.—The Athlone Peerage—A Committee for 
privileges assembled on Monday to hear the evidence in support 
of the claim of William, fitth son of the last Earl but one, and 
uncle to the last Eal, to vote as Earl of Athlone for representa- 
ive Peers of Ireland. he documentary evidence was not quite 
Satisfi chary to their Lgrdshineis peoreaniced the originals instead 
of examined copies of certi f birth and burial and enrol- 
ments of peerages, but having heen aatigneathat sich copies Hag 
pigs heen aumitted as evidence, abd having the state of t 
family and the relationship of the different members we 
proved, aS Cominittee resolved that the claim had been made out. 
Apprars.—The Queen v. Millis.—This was one of two cases 
pronalit up to the House of Lords ona “e of error, from the 
Court of Queen’s east in Ireland, the alleged error being that 
the c ourt had held that a marriage not celebrated in any church 
of the Seb anet ty Dae by a Presbyterian minister, was not 
An a valid marriage as to make a subsequent marriage in the 
Church’ of E rind rae and to render the parties contracting 
the same liable to the penalties of bigamy, The defendant had 
been convicted of the crime, but sheihds ment had been arrested 
by the Court of Queen’s Bench i in ireland. in that decision the 
resent writ of error had been brought. The case argued in 
March last before several of the English Judges, and in July 
last, upon the motion of Lord Biougham, they gave an opinion 
delivered on their behalf by Lord Chief Justice Tindal, to the 
effect that the judgment of the Court below was correct. ‘The 
judgment of the House had been postponed, aid the 
assembled ‘*further to consider”? the case 
proceeded to give his opinion on the ca 
the opinion of the Judges, and conelndi 
the judgment of their L pay should be given for the plain. 
but if they did not think auronies to take that 
nen he begged them not to give judgment for the 
defendant in error, but to delay the award of their judgment till 
they had had ibe oppantan| taining the assistance of the 
Judges of the c torial Courts, to which it was admitted the 
cognizance of the ese matters most Hee uliarly belonged, Lord 
Abinger upheld the decision of the Judges as delivered by Lord 
Chiet Sunes Tindal ; Lord Campbell st pa that he was 
ty uuabl eens vith that decision, The Lord Chancellor 
do ithted, SyuEiien the qioclesiastisal dees TALL “he sunimoned 
in any way to assist their Lordships; but perbaps their Lordships 
might think fit to bave the case ee argued, but only by the 
Ecclesiastical Court advocates. “The further hearing was 
postponed. 
RoLus’ Court.— Hope v. Hope.—This suit related to a cabinet 
of jewels which were collected by the late Hehiy Philip Hope, 
Exq., and are estimated to be of the value of 100,000, That 
gentleman left three $ 
ail now ee ae: Courts for the ainiaetrtion of his males ‘Ss 
estate and effec s. In consequence of this, Alexahder J. 
Hope AAG compel to institnte another suit, asking the Court 
to decla wi x ea to the cabinet in question, ae 
virtue of ‘the diets giv. 
of ae 1832, and the otter 
roll 
wit W 
arene! the in es 
been executed i 821, No chain deed, however, could be found, 
Ua Deo the cmegekene the deed, or the property intended 
to pass, proved. From chen case, as stated, it appeared that the 
qate Henry *Philip Hope had for many years been collecting the 
cabinet in question, which now consists of many rare speci- 
mens; and in 1821 it was alleged that he executed a deed, by 
which, after his eeceese: he gave sixteen 0! 
if not all, the jew ere together with his gallery of 
pictures in Dache: es! aot Henry Thomas Hope; no trace, 
Eee of this deed cami e found, other than a paper writing, 
alleged to be a copy, But “containing: nothing from which it 
could ote ascertained that any deed had been executed. In 
ey Henry Thomas Hope died, anes ae e brother, 
. P. Hope, the guardian of his son, Alexander James Beresford 
oes who was then about cleven years of ag yn the 
igth of May, 1832, Haare Hope assigned his collection 
nd precious stones, jewels, gems, and minerals, 
of diamor 
conta ine ae mahogany cabinet, about 184 inch¢ 
22 in au nd 12 inches high, with silver d 
r ave pate: engraved with the armorial benanee 
of the tld H. P. Hope, to John Raphael, since deceased, upon 
trust for him for life, and after his decease upon trust for his 
nephew, Alexander James Beresford Hope. This deed contained 
a power to sell or exchange the jewels ; so that those disposed 
of were replaced by aiers of equal value. Tt also contained 
a covenant for fast Nisa ane anda BLT mnifying th 
trustees in case of any loss. ‘This deed was duly exectited aa 
delivered. Tecubeainectne how tis into Dep eres 
of Henry Bs pong: Belnct the ae of this deed a ith 
cabinet hanged for alarger one, into which DORE 
sterred fatuy because the cabinet small, td rately 
because it would not admit us Rael Gis arrangement, For a 
time the old cabinet was allow pa uniber-room of 
the owner, but ultimately it ed void to a eaiticott i Sussex, 
in whose possession it now is, 8 Henry Philip Hope, for 
some purpose, considered it Feqpis! ce make another deed of 
gift of the same jewels to his nephew, Alexander James LHexedtord 
Hopes and accordingly he sent the deed of 1832 back to Jobu 
al, Who prepared another deed, to which he, as stostee of 
y this deed, whi xecute 
opleeuon is 
ogorakely this deed w: Sera carats and delivered, ae was 
afterw Se Pica ‘ope. In July 
was E0inE to Holland, Pak he Secasionaly i cee ane 
Jed parcels to Louisa Viscountes: sford, the mother 
three nephews, atthe same time s' y iv ear Mamma, 
upon you, after my death, to deliver these ene parcels 
re resp ect ivel. y addressed.” Ee 
‘and. ‘the. other to Alexander J, B. Hope. ai, P. ae 
left England for Holland, but returned in the autumn, ne a his 
ree the packets were returned to him unopened, tn th 
wing year he again went to Holland, and he then in like Page 
ner and with a like request, delivered three similar Peckels: & 
Lady Beresford ; 
sick and unwell, and 
the count ay, of 
he again returned to England in the autu 
took up 
liam Ration cole ii 
afterwards Lady Pere rd wer 
packet directed to Alex. J. B. Hope 
upon opening was found to contain the key of the new cabinet, 
and also the deed of gift dated the 10th OL ApH, 1838, At the 
meeting of the family this deed was read immediately after the 
will of the testator, but nothing was said; but shortly after- 
wards Adrian J. Hope filed his bill in this court for an adminis. 
tration of the estate, upon which the present suit was instituted 
by A. J. ope, calling upon the executors to give ap, the 
cabinet and the collection of jewels, &c, to him. It was argued 
on behalf of A. J.B, Hope, that there was no doubt of the intens 
tion of the donor. He contemplated making a ini Eitt, and 
to be ealtverad to him. 
had never swerved from that intention from 1 eed had 
accordingly been prepared, and there was no doubt Eire that the 
Th re 
pas: al ee its actual i livery, 
e of the deed o but they were in thé 
tes: the eee and ried chiefly to the altered site 
of the cabinet. Taase, in the absence of any proof, must be Coh- 
sidered to have been made before ane, deed was exccuted’s but, 
assuming that the ees were made afterwal y could 
ape be considered as of any mome i and did not vitiate ate deed, 
s the coliection would pass by that term, notwithstanding the 
abreg was misdescribed.. This coll » was fully identified, 
and it was submiited passed to A Hope, eit! y deed 
of the 10th April, 1838, or that of 1 he 1gth of May, 1832. It was con- 
tended for Henry Thomas Hope, that the v validity of the deeds must 
be determined by a court of law. anes cas f H.'T. Hope, there- 
fore, must stand over until A. J.B. Hope ae established his title 
under the two deeds; if he succeeded, H.T. Hope would then 
insist mpar the peligity of no deed executed in his favour; if he 
failed, Mr. 4.T. Hope would give up his claim under the 
deed, on ihe ais side, ie was fainted that this court could 
not de the question; the validity of the deeds must be sub- 
stantiated: before the court com make any declaration. After 
ranged that the suit should 
stand over, and that A. J.B. ge should be at liberty to bring 
one or more action or actions, with liberty to use the name of 
Mary Raphael as plaintiff, a the exe ontonst for therecovery 
ae ne OF one of the a ecdes in the cabinet; an: non the 
ion of the executors, Adrian John Hope was to be at 
iberty = defend the potion or actions in the name of the elles 
cutors of Henry Philip Hope. Henry Thomas Hope was also to 
be at liberty to bring ia action Het the executors of his 
uncie, in the name of his father, Thomas Hope, who ie alleged 
to peeks tect the trustee in the deed ander Ww vue He aimed. 
Assiz& INTELLIG E.—MIDLAND CI — Jane 
Smith, “only 13 years of age; was inet fr iawn, at Leamings= 
rs, on the. 7th July. ously set fire to a dweilings 
cupation of Martha W ene a appeared from tlie 
the Brlsonerswan Hivane) in the service of Mrs, 
Wright, and Rega ie av ica tem 4 
it ofan , and threatened to turn her av 
ortly ate oe evan i when the prisoner was alone in pes fi 
one of the upper rou was tiscay ered to be in a biaze, but by 
prompt exertions the adie M appily extingnished. ‘The pri- 
souer, when charged with being ‘tl e cause of 
once admitted that she had. eee candle upstai 
some clothes in room, e Jur y, without h 
her guilty. Mr. ice Pigee in passing sentence, said that 
he feb ardh TanpieEe the pr 
comnuil feat she tiad forfeited 
pass sentence of death: upon ae . 
He she ald, however, recommend ne Majesty, who alone had 
the power, to spare her life; but upon what terms he was not 
prepared to say. He had little doubt, however, that she would 
e sent cut of the country. hatever her future destiny might 
be, care wonld be taken to impress upon her mind the enc rmity 
of the offence which she had shnseee and to teach her the duty 
she owed tow aes Godand man, Judgment of death recorded. 
Norroux Circuir, Norwicu.— William Sanger pleaded Guilty 
to two sheneenneres charging him with aeiirs gas the name of 
a customer of the a t of England Ban wo checks for the 
payment of tf end 30001, a ates he received upon 
presenting such ade to the London ee of the bank. 
The facts of this case did not transpire, but this paper at the 
brief account of the circu a tence attending the 
The prisoner was a cli nthe bank at Lynn. The 
prosecutors recommended the prisoner to the merciful considera- 
tion of the Court, because he had only spent 304. of the stolen 
money when he was ED DLS EE a aron Alderson said that 
was no reason whatey for the passing of a Jen es in’ 
upon him, ‘The off ane wa a very pd one, and if he had not 
been erase Henge d he would no doubt have spent ERT of the 
money. The learned Judge enlarged upon sath aneeatte of his 
crime, and sentenced him to be transported f0 
Berney, Esq., v. Read, Esq.—This was an eenbh, of trespass for 
stubbing up and cu ie dowil farze Gnd whing;; Sad ee ying 
away Ba hah ee th from a close of the ety called 
2 ‘the ee at aagified taking tl 
cecupier of the manor farm, under a right to fates f ae the repa- 
ration of the roads thereon; and as to the furzeand whip, eed 
tified under a right to take them for the ee of fuel, of 
derdraining, ‘of making “bottoms to ricks,” and: of fencing his 
ds. Issues were joitied on these claims, ard the plaintiff also 
ned” that the Gene took more than was neces- 
e right; and as to that part the de- 
The piaintiff is owner in fee of the 
Ow ere of enormous 
te new-as sig 
sary, even if he possessed the 
fendant paid 104. into court. 
heath mentioned in the pleadi: 
length, measuring & between , and the defendant is 
ees oO tS er of the farm in respect of which he justifiea the tres. 
‘Phe cause lasted from an early hour till 
us witne being examined on 
et f6r thle defendant ob ait the 
issues, esta lishing ‘the ri ht ts set up, and adding that the excess 
he had conimitted in the exercise of those rights amounted only 
te the sum of 1¢ d that the difference between it and ue 
amount paid inte efendan 
XFORD Circuit, STA Buen 
for the wilful pave ae ie son, William Higginson, at Eccles. 
hall, on the gd April last. The prisoner pleaded Guilty, and 
begged for merey; but upon siereires ntation of the judge that 
plea pe, had no other alternative than to leave him 
‘acted pe pce ee pleaded not guilty. The 
iabwers the dec: was his only ts a boy of 
‘pally in the ietene reas the prison 
then an in-door servant to a gentleman named Janes made an 
agreement with the wife of a cottager named Breeze, of Lipsley- 
heath, in this county, that she sho uld take care of the child at 
her cottage for eighteenpence a week. He was 
meht, however, and had Teesivadl pairs to find some other per- 
son to take char ge of the child, Onthe 2d April, having borrowed 
a spade from the cottager, he left w ith the boys eating that he 
was then goiug to take him to his brot! Breeze, who 
had _{iressed the child, handed ove “the renvaind TO 
clot 0 <a he prisoner, and s' 
obs: ovennllanitens in the prisoner’s manner or appearance. 
The an was then in good health, with the exception of a 
slight inflammation in one eye, The prisoner was seen by 
pa 
ne ane 80 
each Side 
a 
