1843.] 
THE GARDENERS 
CHRONICLE. 
815 
the Court of Queen’s Bench. The Attorney-General was 
also defeated on another point. After the Court decided 
Upon receiving the plea, the Crown demurred, and required 
the traversers to join issue at once. 
ment, the Court decided, in favour of the traversers, that 
there should be four days’ notice, and consequently the 
Court rule it to be so, the indictment will be quashed. 
Should the Court, on the contrary, determine with the 
Probably owing to these 
failures, rumours are abroad that the prosecutions are to 
be abandoned, and that Government will take no further 
Proceedings at common law, but wait until the re-assem- 
Ing of Parliament, to apply for a coercion law. Another 
Tumour is, that fresh bills of indictment are to be sent up ; 
the Grand Jury were specially summoned on Wednesday, 
but no bills were sent before them. The impression, how- 
ever, appears general that the prosecutions are to be aban- 
doned.—The weekly meeting of the Repeal Association 
took place on Monday. A letter was read from Mr. John 
O’Brien, M.P. for Limerick, inclosing 5/., and requesting 
to be admitted a member, which was carried on the 
motion of Mr. O’Connell by acclamation. Mr. O’Connell 
then read an address to the people of Ireland, requesting 
them to be peaceable during the approaching trials. The 
following are extracts :—‘‘ Fellow Countrymen,—I never 
felt half the anxiety which I do at present to be distinctly 
understood in the advice I give, and to have that advice 
Implicitly obeyed. The reason of this anxiety is, that if 
ty advice be followed the restoration of the Irish Parlia- 
ment will assuredly be obtained, and obtained in a manner 
the most honourable to the religious and peaceable people 
of Ireland. I want the most perfect quiet, peace and 
tranquillity, until all these trials are over. No matter 
wh event of the prosecutions may be, I am 
thoroughly convinced that in any event they will tend to 
facilitate the obtaining of Repeal ; provided only that the 
People preserve the condition of the most perfect quietude 
during those trials. It will be easy to preserve tranquillity 
after those trials shall, as they ought, have terminated 
Successfully for the unjustly accused, or however they may 
stminate. Nothing could possibly injure our cause before 
the Court and Jury half so much as any occurrence of 
tumult, riot, or physical force of any kind whatsoever. If 
anybody gives you advice contrary to mine, believe me 
that he is an enemy of mine and of yours. Arrest every 
Such man, and bring him before the police. 1 cannot 
Conclude without once again adjuring the people every- 
event whatsoever, or of whatever nature that event may 
be; but to continue calm, peaceable, tranquil, and loyay’ 
and if this advice be followed, I anticipate, and I think { 
can promise, that the result of these trials will be emi- 
nently useful to the Repeal cause, But—attend to me— 
i there be, during the trials, the slightest outbreak of 
Wolence in any parish, it will be my duty immediately to 
abandon the Repeal cause, and to forsake a people 
who, at such a critical period as the present, would 
not follow the advice I so earnestly give them. T, how. 
no fears that my counsel will be dig. 
i yed. I confidently expect that the people will not 
Djure my cause and the cause of Ireland by disregarding 
RY, advice, Be therefore calm, quiet, tranquil, peaceful, 
eee Violate no law of man—obey with devout reverence 
© law of God. You will thus mortify and disappoint 
Your enemies, ‘Those enemies speculate upon provoking 
iT to some act of turbulence. Disappoint them—mor- 
re them by the inflexible observance of quiet, of calm- 
and ot peaceable and legal conduct. Follow my counsel, 
of You thereby will serve the cause, and gratify the heart 
Ses devoted friend, Daniel O'Connell.” Mr. O’Con- 
- said he wished to draw the attention of the Associa- 
pay e 4 topic of importance. It was in their recollection 
Hit seph Sturge, one of the heroes of the chivalry of 
peo pee » wrote to them some time ago, stating that the 
ban, © of England were indisposed to the Repeal of the 
ae on, for two reasons ; firstly, lest it might tend to 
Potism, and, secondly, because they feared it would 
der ™ a religious d The Association an- 
tes ea that letter and stated that Repeal, instead of 
certai® to a separation, would render the connection more 
powe m, and that the Irish Parliament would have no 
Wished 9 make a law of a bigoted nature. Mr, Sturg 
our} the arrangement should be of a federal nature, { 
etter, said Mr. O’Connell, we endeavoured to show 
lia that there would be no necessity for a federal Par- 
He Bie the questions to which he referred, and which 
tive of are ial questions, were solved by the preroga. | 
ii Town. Mr, Sturge had written him a letter, 
is to 8 Upon the advocates of Repeal to clearly define who 
Prero, “ise the Sovereign in the exercise of the Ro al 
Tepore ives This letter was referred to a Committee to 
next » “Pn it at the next meeting. Mr. J. O'Connell 
finanggeceeded with his motion, demonstrative of the 
Posin, th Injustice of the Union, and concluded by pro- 
bet, he following outline of a financial arrangement 
ca sah Great Britain and Ireland, after the Repeal | 
Tevenues ot principle of the arrangement be that the | 
charge of Treland be spent at home. 2. That the first 
| Pon her revenues be her debt, as it stands at pre- | 
°- That her contribution to the imperial active | 
now, according to the full measure of her 
wn by a comparison of the products of equal 
Countries, or such other elements of compa- 
‘hat a revision of the 
pe 
n 
“X€s in both 
"80n ag 
May be 
Proportions of eee upon. 
Ontribution of either country respectively 4 
| in a shop in West Register-street, Edinburgh, was placed 
| lishing and exposing for sale printed books, pictures, &c. 
do take place at such periods as may be agreed upon ; the 
first to be within five years after the Repeal. 5, That if 
it be deemed expedient at the time of the Repeal that 
Ireland should be charged with any debt beyond?what 
appears charged to her in the public accounts, such debt 
be transferred from the English to the Irish funds. 6. 
That the various items of imperial expenditure be appor- 
tioned between the two countries in such manner as to 
obviate all necessity for the revenues of one country being 
spent in the other. 7. That the control and management 
of the revenues of Ireland, subject to the foregoing rules, 
be with the Parliament of Ireland; and that nothing 
herein contained be deemed or assumed to limit the con- 
stitutional right of that Parliament to stop or limit the 
Supplies on constitutional cause arising.”” Mr. O’Connelt 
announced the Repeal rent for the week to be 10700.19s.5d. 
Cork.—The mysterious signal-fires again prevail in 
Some of the southern counties. On Saturday night, says 
the Cork Conszitution, the hills were again in a blaze. In 
Kerry the same signal was seen on every eminence, and 
Waterford, Tipperary, Limerick, and Clare, were equally 
alive. No fewer than twenty fires were counted from 
Lumlay’s Well (Cork), and the yelling was heard for 
miles round. 
Derry.—Dr. Ponsonby the Bishop of Derry and 
Raphoe, and 130 of his clergy have put forward a protest 
E. Chichester, Dean of 
against Tractarianism. Lord 
Raphoe, heads the list of the clergy who have signed an 
address to the bishop. A protest against that address 
and the proceedings of the Anti-Puseyite majority has 
been published. It is signed by the Rey. C. Boyton, 
vicar-general of Raphoe, the Rev. W. Archer Butler, pro- 
fessor of Moral Philosophy in the University of Dublin, 
and five other clergymen of the diocese. 
Tipperary.—In the following letter, addressed by the 
Marquess of Waterford ‘to the Gentlemen of the County 
of Tipperary,” he states his reasons for withdrawing from 
that county. Curraghmore, Nov. 8, 1843. Gentiemen, 
—I have deferred writing to you until some final arrange- 
ment as to hunting your county had been made. Mr. 
Millett has undertaken that office 3 and I now beg to thank 
you for the kind attention and support you have shown 
me during the period I resided amongst you. I think it 
right to state the causes which induced me to resign. You 
are aware that in December, 1841, my hounds were poi- 
soned : I treated the matter with contempt. In Januar 5 
1843, they were again poisoned : I discovered the offender, 
and forgave him ; but I stated publicly that if a similar 
outrage was again committed I should give up hunting the 
county. In 1843 my stables were burnt; and but for the 
prompt conduct of my servants, the whole establishment 
would have been consumed. From the threatening notices 
Thad received, and from the sworn evidence of persons 
on the spot when the fire commenced, the magistrates 
.| came to the conclusion that the burning was malicious. I 
immediately determined to leave Tipperary, feeling that 
such a system of annoyance more than counterbalanced 
the pleasures of fox-hunting, for which alone I proposed 
to reside at Lakefield. J have the honour to be your obe- 
dient servant, WATERFORD.”’—The Evening Post contains 
the following account of another frightful outrage in Tip- 
perary, which surpasses all that has lately occurred even 
in that unhappy county :—‘‘ Accounts have reached town 
of a most desperate outrage having been perpetrated in the 
neighbourhood of Borrisokane, in the county of Tipperary. 
It appears from a letter we have seen that Thomas Waller, 
Esq., of Finnoe-house, a magistrate of the county, and his 
family, were just sitting down to dinner on Sunday last, 
when eight or nine armed men entered the dining-room 
and attacked them all. The gentlemen of the party, 
promptly assisted by the ladies, seized the carving and 
dinner knives and made a most resolute defence. One 
ruffian levelled a pistol at Mr. Waller, which was struck 
down byMr. Vereker, who was present, andafter such a scene 
as it is impossible to describe the assailants were beaten 
off, but not before the inmates of the house were severel 
injured. Mr. Waller’s arm was broken, and he also 
received a bad injury in the head, and it is rumoured that 
Miss Vereker is not expected to survive. The assailants 
themselves must have fared badly, as the ear of one was 
left behind, with other relics of the determined nature of 
the defence. The police were out in search of the delin- 
quents, but nothing more specific has yet reached town 
upon the subject.”’ 
SCOTLAND. 
Edinburgh.—It is announced that Lord Meadowbank 
has resigned his office as one of the senators of the Col- 
lege of Justice, the duties of which he has discharged for 
the long period of twenty-four years, having been ap- 
pointed in 1819. Lord Cockburn will succeed his Lord- 
ship in the Second Division, and it is understood that 
David Mure, Esq., advocate, will be the new advocate- 
depute in room of Adam Urquhart, Esq., appointed to 
the sheriffship of Wigtown. It is also rumoured that the 
Lord Advocate is likely to be nominated as Dean of Fa- 
culty.—On Thursday, Thomas Patterson, who was con- 
victed in the High Court of Justiciary, on Wednesday, 
of selling, or exposing for sale, a number of blasphemous 
publications at various periods during the present year 
at the bar, and sentenced by the Lord Chief Justice Clerk 
to fifteen months’ imprisonment. On the same day 
Henry Robinson was placed at the bar, charged with pub- 
of a blasphemous and obscene tendency. ‘The prisoner 
was found Guilty, and his Lordship concluded by sen- 
tencing Robinson to imprisonment for twelve calendar 
months. It is said that the jury which convicted Pat- 
erson of blasphemy were all but unanimous in their 
verdict, there being only a single juryman who dissented 
from the verdict which the other fourteen returned. Both 
Patterson and Robinson were removed to gaol on Thurs- 
day evening, and in the course of Friday they were sub- 
jected to the usual prison regulations, their heads being 
shaved and the prison dress put on them, after which 
they were sent to the occupation of breaking stones. I 
will be remembered that Patterson became notorious some 
months back for similar conduct in Holywell-street, 
London. 
Aberdeen.—Lord Francis Egerton has been unani- 
mously re-elected Lord Warden of Aberdeen University. 
Lab. 
Arcnzs Court.—The Office of the Judge promoted by Titmarsh 
y. The Rev. W. H. Chapman.—Sir H. Jenner Fust gave his opinion 
on the validity of the protest offered last court day 
r, Chapman, — It is a proceeding brought by letters of request 
bary the corpse of a child. first, on the 17th February, 1840, and 
secondly, on the 26th May, 1841, after due notice hail been gi 
The Charch Discipline Act, under which the suit was commenced, 
provides that, after two years have elapsed from the commission of 
any offence by clergymen, i e 
and the counsel for the Rev. Mr. Chapman argued that as but one 
offence had been committed in refusing to bury the same child 
twice, the first refusal being in February, 1840, the two years had 
elapsed, and the court was prayed to sustain the protest, thus 
ending the suit. The Rey. Mr. Chapman is the v ie 
parish of Bassingbourne, in the county of Cambridge. LA 
Fust, after briefly referring to the leading facts. ad 
looked into all the cases cited on both sides in the arguments 
heard on the protest, and he thought there was nothing in them 
to induce the court to stop the proceedings in limine. He would 
very shortly state the grounds upon which he had come to such 
aconclusion. The first occasion the defendant had refused to 
bury the child was on the 17th of February, 1840, and this 
Was an offence according to the true intent of the Churclt 
Discipline Act, and the court had jurisdiction over it; but the 
question raised was, if the second refusal was not a fresh 
offence, and the conrt was so clearly of opinion thet it was, 
that it could not stop the proceedings, The cases cited weré 
principally of a private nature, but here a public offence 
had been committed, as from all that appeared to the contrary 
the clergyman had refused to bury the body of this child, and the 
penalty attached. The court might conjecture that this was a 
similar case to that of Mostin v. Escott, which had attracted 
much attention some time since. ‘There was a public scandal to 
be removed ; and-the court thought the offence was revived by 
the second refusal, and the charge to be proceeded with was the 
refusal to bury the child on 26th May, 1841. This was within the 
two years as provided by the act; to this must the clergyman 
answer, The court was bound to overrule the protest, and assign 
the Rev. Mr. Chapman to appear absolutely. 
SPORTING. 
TATTERSALL’S, Tuurspay.—Dsrny.—6 to 1 agst Scott’s loty 
7 to 1 agst Mr Crockford’s Rattan (take 15 to 2); 18to 1 agst Mr, 
Quin’s Loadstone (taken); 20 to 1 agst Colonel Peel’s Orlandos 
25 to 1 agst Colonel Peel’s Ionian; 27 to 1 agst Mr. owes’s 
T’Auld Squire; 35 to 1 sgst Mr. Lichtwald’s Leander; 40 101 
agst Mr. Payne’s Vat colt (take 50 to 13) 50 to 1 agst Mr. Watt's 
Voltri; 50 to 1 agst Sir G. Heati:cote’s Campuuero (taken) 5 
2000 to 25 agst Lord Normauby’s Lorimer (taken), 
MARK LANE, Fray, Novema here has been very 
ittle English Wheat fresh up sinc nda id our currency of 
day has been fully maintaincd. The business doing in 
1 is in retaii, and at the same prices; we have still some 
inquiry for bonded.’ Barley remains without alteration in value, 
ne may: be uoted of Beans and Peas. Although the 
Same prices are maintained for Oats the sale is very limited. 
BRITISH, PER IMPERIAL QUARTER. $8. 8 
x, Kent, and Suffolk. . White 44 to 66 Red 
folk, Lincolnshire, and Yorkshire. 47 to 54 
.. . Malting and distilling 28 to 22 Grind. 
re « Polands 15 to 25 Fe 
Fee 
Wheat, E 
———'N 
B 
Vats, Lincolnshire and Yo 
-—— Northumberland and 
ihe 5 aos enti 
wh — to c 
+ 1 Feed 16 to 23 Potato 
16 to 24 
Rye, i gt ath Ree: ma wee a vie 
Beans, Mazagan, old and new $2 to Ti jarrow. 25 to 8 
> Pigeon, Heligoland + 28 to 36 Winds Longpod 28 to 39 
Peas, White 9, . + + 30to#G Maple 28 to 29 
WEEKLY IMPERIAL AVER. 
yheut,: Barley. | ans.| Peas. 
Oct. 6 per Quarter. 50s 6d, 3 BOs ld] 32s ed 
ee aes ee 4] 321 
= » z 50 30 8 | 33 
a7 S .) 50 a1 1} 3230 
oa 51 8 | ai 6] 83 10 
10nd fad] 52 a4 
6 Weeks! Aggregate Aver., 5011 | 90 11 | 1711) 2910) 3011 | 33 0 
| 
Duties on ForeignGrain.) 20 0! 8 0! 80! n 6/10 6] 96 
ARRIVALS THIS WEEK. a 
Wheat Barley Oats our 
English . : 3790. 810 6370 Sks 
Irish gry = = 1470 pa 
Sesteh”  . = ES = = 
Poreiyg . 4010 -_ om pr 
EEK. 
GAZETTE THE 
‘T.—J Warp, Nottingham, tailor. 
BANKRU 
BANKRUPTS. 
builder — 
Chertsey Surrey, plumbe: 
nishing-warehouseman—J. 
ford-mills, Esse: 
Wi 
ar. 
0 
mm tail 
eat : 
sia, Desaneannde, Osis. Laticaallnes Aad, Monichster 
ini, Hillam, Xorksbire, farmer. 
tione: 
9th, 
IED.—On the 7th, at St. Mj RNNY, to ANNA, 
youngest a Reaienat J. Unwix, Esq., of Batts ith, at St. Mar- 
aret’s, Westminster, + CLARK, Esq.) to D. Rongrrsons 
of Great George-street—On the 19th, ult., e’s Church, Halifax, 
Nova Scotia, W: xiusH, Esq., Capta igade, and eldest 
Dean of Hereford, to Maxcanr Axw, second daughter of the 
(on. 8. Cunand, of Halifax—At the British Embassy, at Vienne’ on the lste 
the Earl of Sumnonss, to the Hon. Enix Evraixsrove pe Fiawaent, eldest 
if the Comte de Fsanaurr, French Ambassador at Vienna 
