438 
THE GARDENERS 
CHRONICLE. 
[JUNE 24, 
Oxford.— The case of M’Mullen v. Hampden was 
brought before the Vice-Chancellor’s Court in this Uni- 
versity a few days since, ona motion for the admission of 
the libel. Mr. Hope appeared as counsel for the plaintiff. 
Dr. Twiss, for the defendant, opposed the admission of 
the libel, first, on several technical objections appearing 
on the surface of the libel, such as the wrong title given 
to the court, and to the description of the party propo- 
nent, &c. After along argument the Assessor ordered 
the libel to be amended in regard to the first objections, 
and took time to look into the numerous cases cited in 
regard to the substance of the libel and mode of proceeding. 
Plymouth.—Her Majesty’s frigate Warspite, Captain 
Lord Jobn Hay, arrived on Monday in the Sound, 18 days 
from New York. She brought the body of Sir C. Bagot, the 
late Governor of Canada,which has been conveyed to Liver- 
pool.—The Breakwater Lighthouse, which will prove an 
important addition to the public works in this port is fast 
approaching to completion. During the past week the 
third story ef the building was completed, including the 
oil-room, the store-room, and the living-room. The fourth 
room, which will be the sleeping apartment, is in a for. 
ward state, nearly the whole of it being dry set at the 
Breakwater quarries at Oreston. 
Stafford.—The local papers mention the severe losses 
which the malignant influenza has produced in this 
county and in Shropshire. Mr. Taylor, of Thibberton, 
near Newport, occupying a farm under the Duke of 
Sutherland, has lost or been obliged to kill, since July 
last, upwards of 50 head of cattle, suffering from this 
complaint, exclusive of the loss he has sustained by 
forcing others into the market from fear of contagion. The 
skill of the most experienced veterinary surgeons is said 
to be completely baffled by this destructive disease. 
Warwick.—Earl Spencer, at his estate at Worm- 
leighton, for some time past, has kept all the poor in the 
parish, so that the inhabitants are not troubled with 
poor-rates. His lordship allows his labourers in the 
winter 9s. a week if out of employment. The men are 
employed on his Lordship’s estate hedging and ditching, 
&e., with a house, for which each pays a nominal rent 
of 1s, per annum. 
Windsor.—Capt. Thomas Fernyhough, formerly of the 
Staffordshire Militia, and now on half-pay in the 40th 
Regiment, has been appointed Governor of the Military 
Knights, in the room of the late Capt. Cumming. Captain 
Fernyhough entered the army in 1799, and was appointed 
one of the Military Knights of Windsor in 1837, 
Railways.—The following are the receipts of the prin- 
cipal lines for the past week :—Birmingham and Derby 
1,277/.; Eastern Counties, 2,607/. ; Edinburgh and Glas- 
gow, 2,098/.; Grand Junction, 7,297/, 3 Great North of 
England, 1,419/.; Great. Western, 15,1797. ; Hull and 
Selby, 1,262/.; Liverpool and Manchester, 4,846/. 3 Bir- 
mingham, 17.252/.; Brighton, 3,480/. ; Croydon, 305/, ; 
Greenwich, 1,70€/, ; Blackwall, 1,220. ; South-Western, 
6,562/. ; Manchester and Birmingham, 3,588/.; Man- 
chester and Leeds, 5,449/.; Midland Counties, 2,7767, ; 
North Midland, 4,311/.; South Eastern, 2,282/.—A special 
general meeting of the Brighton Company was held on 
Friday at the London Tavern, Mr. J. Harman in the chair, 
for the purpose of electing ten persons as the future Di. 
rectors of the company. The meeting was one of the 
largest of the season, and appeared to excite considerable 
interest, Mr. Bennett, of Brighton, moved that in the 
opinion of the meeting the appointment of the new direc- 
tors should be well considered prior to their appointment, 
and that the names, addresses, and number of shares held 
by each of the candidates, should be sent to every share- 
holder previous to the election, and the meeting be 
adjourned to some future day. After some discussion on 
this motion several gentlemen were putin nomination, and 
a proposal for proceeding to the poll was taken as an 
amendment, when the latter was carried by a majority, 
Mr. Earle, the representative of the Liverpool share- 
holders, making use of a large number of proxies. Con- 
siderable discussion, of a noisy and desultory nature 
ensued ; until at length, while the poll was proceeding, 
exception was taken to the Liverpool proxies, on account 
of their not being stamped. It was then agreed upon that 
the meeting be adjourned and the objection referred to 
the decision of counsel. The adjourned meeting was 
held on Monday, when the chairman laid before the 
meeting the opinion of Sir William Follett, Sir Frederick 
Pollock, and of Mr. Waddington. It stated ‘ that 
proxies were instruments of procuration, and, as such, 
required to be stamped; that the chairman ought to 
reject these proxies, and declare the result of the poll 
according to'the majority of the votes of the proprietors 
who were actually present, and who voted on the occasion $ 
and that it was now too late to adjourn for the purpose 
of having the proxies stamped; and that nothing now 
Temained but to declare the result of the scrutiny.” The 
chairman, then, in conformity with the advice of counsel, 
gave the result of the votes which had been polled on 
behalf of the candidates who had been put in nomination 
on Tuesday last. They were as follow :—For Mr. Parsons, 
2,561 votes; Mr. Gilbert Henderson, 2513; Mr. Nash, 
1,935; Mr, Rowland Hill, 1,939 ; Captain Kelly, 1,995 ; 
Sir Jobn Simpson, 1,210; Mr. Crowley, 1,844; Mr, 
Wigan, 1,552; Mr. Entwistle, 1,339; Mr. Watson, 1,213; 
Mr. Ellis, 1,200; Mr. Cooper, 1,028 ; Mr. Lee, 991; 
Mr. W. Swith, 983; Mr, Thompson, 849; Captain 
Heaviside, 666; Captain Hotham, 104 3 Mr. Flood, 
374; Mr. Mansfield, 86. The Chairman then declared 
the ten gentlemen at the head of the list duly elected, all of 
whom, with the exception of Mr. Watson, were nomi- 
nated by the northern deputation.—At the special meetin 
of the Taff Vale Company, a committee was appointed to 
inguire into the serious allegations made both against the 
general conduct of the directors and the jobbing carried 
on by several of them connected with the contracts of the 
Company for coke and other articles necessary in the 
working of the line.—The annual general meeting of the 
Dundee and Arbroath Railway Company was held at 
Dundee, on the 7th inst., at which, after some discussion, 
a resolution was passed declaring a dividend at the rate of 
23 per cent. per annum for the last two years. The directors 
regret, in their report, to be obliged to state that, in 
common with almost every railway in the kingdom, this 
Company had suffered severely in consequence of the 
depressed state of trade and commerce. The deficiency 
in the revenue derived from passengers this year, when 
compared with last, amounts to no less a sum than 1,2192, 
IRELAND. 
Dublin.—A meeting of the Irish Conservative Peers 
and Members of Parliament was held at the Earl of Wick- 
low’s on the 17th inst., at which it was unanimously 
resolved—* That this meeting deeply deplores the present 
alarming state of Ireland. That they consider the multi- 
tudinous assemblages now taking place in various parts of 
Ireland to be dangerous to the public peace, and calculated 
to create well-founded terror in the minds of her Majesty’s 
well-disposed subjects of all classes in that country. That 
in consequence the ordinary occupations of the population 
are suspended, and the public mind kept ina state of painful 
and daogerous excitement. That under these circumstances 
the undersigned noblemen and gentlemen feel it to be 
their duty to declare, individually and collectively, their 
anxious desire and firm determination to use their best 
exertions, in co-operation with her Majesty’s Government, 
for the purpose of upholding the law, preserving the public 
peace in that part of the United Kingdom, and allaying 
that dangerous excitement to which they have referred.” 
Signed by the Marquesses of Downshire, Thomond, and 
Ely ; the Earls of Devon, Wicklow, Clare; and 44 other 
noblemen and Members of Parliament.—A great meeting 
of Conservatives and Protestant Loyalists, convened by 
the Metropolitan Conservative Society for the purpose of 
entering their protest against the existing Repeal agita- 
tion, was held last week in Dublin, at which numerous 
resolutions condemning the agitation, and pledging the 
meeting to co-operate with the Government in suppressing 
it, were unanimously passed.—The weekly meeting of the 
Repeal Association took place on Monday. An American 
clergyman addressed the meeting, and suggested an appeal 
to force. Mr, O’Connell said he could not too strong] 
repudiate anything in the shape of an incentive to force. 
In the great popular struggle the people relied upon the 
legal and peaceable assertion of their demands for justice. 
They contemplated no other means ; and it was his con- 
viction that they would succeed by those means. He 
totally repudiated the contemplation of any other. At the 
close he announced the rent for the week to be 
3,103/..7s, 6$d., amidst protracted cheering.—The Lord 
Chancellor has suddenly left for England, and a number 
of rumours are afloat as to the cause, the most current of 
which is, that his Lordship leaves for the purpose of 
resigning the Great Seal of Ireland.—At the Commission 
on Tuesday, Robert Lindsay Crawford was indicted for 
having returned from transportation. The original 
record of conviction of Lindsay Crawford, in London- 
derry, 1827, for horse-stealing, was proved. The case 
turned on a question of identity. It was admitted that 
the father of the prisoner had been transported; but he 
had been subsequently pardoned and brought back, and 
died in Scotland, after he had commenced the prosecution 
of his claim to the Crawford peerage. It was admitted 
that the prisoner had been in New South Wales, where it 
was alleged he had gone voluntarily, and whence he had 
returned to advance his claim to the peerage on hearin 
the death of his father. After a long trial the prisoner 
was acquitted, 
Cork,.—On Thursday week the Lightning, Government 
steamer, with Rear-Admiral Bowles, arrived, and soon 
afterwards his flag was hoisted on board her Majesty’s 
ship Malabar, under a salute from the other vessels of 
war in the harbour. The Cyclops steamer has also 
arrived, and the following vessels, it is stated, are ordered 
to that station :—Caledonia, 120 ; St. Vincent, 120; Van- 
guard, 80 ; Inconstant, 36; Tyne, 28 guns. The Dublin 
papers add—*‘ The official order for the assembling of the 
squadron states that it is for special service.” 
Clare.—The great Repeal meeting of this county took 
place on Thursday week on the race-course of Ballycoree. 
Mr. Cornelius O’Brien, M.P., presided, and no less than 
700,000 persons are said to have been present. At the 
dinner in the evening Mr. O’Connell spoke at greatlength, 
He said, “ The Queen made no such declaration as Sir 
E. Sugden attributed to her. As to the Queen’s declara- 
tion, somebody had the kindness to communicate to me— 
although, mind, I do not say she knew it would be done 
-—that her Majesty made no such declaration, and for 
which I am truly grateful. He had it from her own 
lips, and I have it from him, who heard her declare in 
his presence, that she never authorized Peel to make such 
adeclaration. I want to know now who is the Joyal man 
—Peel, who calumniated his amiable and lovely Sove- 
reign, or the agitator, Daniel O’Connell, who would die 
for her? It is utterly impossible that the Irish people— 
so determined—so animated—so well instructed in poli- 
tical knowledge—so schooled in adversity—so taught b 
misfortune—a people who know what an Irish Parliament 
achieved before—can be conquered by their enemies.” 
Dr, Kennedy, the Catholic Bishop, then addressed the 
meeting. He said, * Mr. O’Connell’s only crime is, that 
loving his unhappy country more than he loves himself, 
his family, and his kindred, he has fearlessly exposed to 
her, and to the execration of the world, the true causes of 
her unparalleled misery, points to its only remedy, and 
dares to lead the way to its peaceful attainment. As to 
the practicability of the Repeal of the Legislative Union, 
and of the re-establishment of a national Parliament in 
Ireland, I willonly say, gentlemen, that if I did not firmly 
believe that, under the guidance of Mr. O’Connell, they 
can be achieved without blood, without crime, and with- 
out the slightest prejudice to our allegiance to our beloved 
Sovereign, you may rely on it I would not be a party to 
the present agitation. for their attainment.” 
Dab, 
Parke, Gurney, and Rolfe, 
attended the House of Lords on Monday, to answer certain ques- 
tions which had been put to them respecting the law in cases of 
monomania, The questions were in the following form:—‘1, 
What is the law respecting alleged crimes committed by persons 
afflicted with insane delusion, in respect of one or more particu- 
lar Subjects or persons; as, for instauce, where at the time of the 
commission of the al dcrime, the accused knew he was acting 
contrary to law, but did the act complained of with a view, under 
the influence of insane delusion, of redressing or revenging some 
supposed grievance or injury, or of producing some supposed 
public benefit? 2, Whatare the proper questions to be submitted. 
to the Jury when a person, alleged to be affected with insane delu- 
under an insane delusion as to existing facts commits an offence 
in consequence thereof, is he thereof excused? 
medical man, conversant with the disease of insanity, who never 
saw the prisoner previously to the trial, but who was present 
during the whole trial and the examination of all the witnesses, 
be asked his opinion as to the state of the prisoner’s mind at the 
time of the commission of the alleged crime, or his opinion whe- 
ther the prisoner was conscious, at the time of doing the act, 
that he was acting contrary to law, or whether he was labouring 
under any, and what, delusion at the time ?” Mr. Justice Maule, 
who differed from the rest of the Judges, first delivered his opi- 
nion; but the extremely low tone in which he spoke, rendered 
it impossible to hear more than a few broken phrases of his 
speech. He was understood to say, that he regretted being called 
on to deliver his opinion, without having the advantage of hear- 
ing the caseargued by counsel. The unsoundness which was to 
excuse any man for the commission of acrime ought to be that 
which had long rendered him incapable of knowing right from 
wrong. The question put to the Jury in sucha case was simpl: 
that of guilty, or not guilty; but in asking how that question 
was to be presented to the minds of the Jarymen, it was neces- 
sary to know the state of facts in respect of which that question 
arose, and these facts must be presented to the men, and 
they must be asked whether on those particular facts they be- 
ieved him, before the commission of the act for which he was 
ihdicted, and at the moment o; commission, to have been 
incapable of distinguishing between right and wrong. here 
were not any particular terms in which this question ought to 
be put to the Jury. As to receiving the evidence of medical men 
who had not known the inculpated party before the trial, but 
who had heard all the evidence on that trial, and who gave their 
scientific opinion on such evidence, he was understood to be of 
opinion that such evidence was properly admissible, and that he 
looked upon that course as having been properly taken by the 
i indal, and Justices Williams and Coleridge, 
t the Central Criminal Court, in the case of ‘Naughten, 
Chief Jastice Tindal then read the opinions of the other 
Hie said that their Lordships would bave preferred not 
to enter ii to a discussion of this kind, when they considered the 
extreme difficuity of applying to cases, of which the facts were 
not judicially before them, the abstract principles of the law, 
There must be every possible shade of difference of facts in each 
case, and as it was the ordinary duty of the Judges to go upon 
the facts, and after hearing the arguments of counsel, they could 
not but fee] that it was dangerous to the administration of justice 
to make, without these aids, any minute application of the 
general principles of the law. They therefore confined them. 
selves here to giving an answer to the abstract questions pro- 
posed to them by the House; and as all but his learned brother 
were agreed in the answer they intended to give the 
House, they deemed it unnecessary to give their opinions 
seriatim, and they had therefore desired him (Lord Chief Justice 
Tiodal) to express their opinions to their Lordships. The first 
question which the House had called on them to answer was— 
what was the law respecting au alleged cr 
person affected with an ins: 
k= 
hose persons who 
artial delusion ; and they were of opinion 
that, notwithstanding the party did so act with the view of re- 
dressing some injury, or producing some public benefit, he was 
punishable according to the nature of the crime committed, if he 
that he was acting contrary to the law—by which ex 
sion they understood to mean the law of the land. 
question was—what was the proper question to be left to the 
Jury, in respect of a person labouring under an insane delnsion, 
and such delusion was set up as a defence to the indictment? 
The third question was—in what terms ought the question to be 
left 1o the Jury, where the unsoundness of mind appeared in the 
course of the trial? The Judges thought that these two ques 
act, or, 
if he knew the nature of the act, then not to know whether he 
8 right or wrong in the doing of it. e ordinary mode of 
putting this question had been—whether the party had been 
capable of understanding the difference between right and wrong: 
This was certammly not so accurate a mode of putting the ques- 
tion, as if the jurymen were asked whether the party knew the 
difference between right and wrong in the very act with which 
he was charged by the indictment. If the question was put 
with the expression, knew whether what he was doing wa: 
or wron. 
that the act he was engaged in performing was one which he 
ought not to do,he oughtto be puni doing it. T 
to be adopted, therefore, was to settle the question whether, at the 
time of doing the act, he knew that what he was so doing was 
wrong. This mode of putting the question would be correctly ac- 
companied with such observations as the particular case required. 
The fourth question was, if the person was under an insane delu- 
sion only as to the existing case, what consequence ought to 
follow=ought he to be thereby excused? The answer to that 
