854 
THE GARDENERS 
CHRONICLE. 
(Dec. 2, 
last defendant, whom he knew, called at his shop and 
asked him if he had a tea-machine; he told him he had 
not. Defendant said he could talk to him, and he told 
him that he had,an article which he was. selling as a sub- 
stitute for tea. He said he did not grow it, but procured 
it from Lancashire. He said it was tea-leaves, but before 
it was used it would require to be ground down and mixed 
with other tea. The price was 1s. 4d. per lb. He sub- 
sequently ordered and received 46lbs. of this spurious tea, 
the price of which was 3/. 1s. 4d. Mr. Philips, chemist to 
the Board of Excise in London, said—‘‘ The tea is com- 
posed of redried tea-leaves, both black and green, and the 
leaves of other plants not tea. The leaves have been dried 
with a vegetable red dye, apparently Brazil or logwood, 
and the dust or small part of the sample contains yellow 
ochre, both raw and burnt, and sand as well.’’ The bench 
after a short consultation convicted the defendant in the 
highest penalty of 5/. for every pound of the composi- 
tion. The fine therefore is 200/., and 1s. damages. 
Melton Mowbray.—On Thursday the 23d ult. the 
Duc de Nemours, who was on a visit at the Earl of 
Wilton’s at Melton, with his suite, attended the meet of 
the Quorn hounds at Billesdon Coplow. The field was 
considerable, considering the early period of the season, 
including Lord and Lady Seymour, Lords Wilton, For- 
rester, A. St. Maur, Gardner, and Macdonald; Hon. W. 
Fitzwilliam, Sir Walter Carew, &c. The weather was un- 
favourable, but towards the afternoon they hada good run, 
in which his Royal Highness went remarkably well. The 
sport has been excellent hitherto, and a good winter is 
anticipated. 
Oxford.—On Wednesday the Court of Delegates of 
Appeals in congregation met to hear the arguments of 
Counsel in the appeal from the decree of the assessor of 
the Vice-Chancellor’s Court, in the cause Macmullen v. 
the Regius Professor of Divinity. Mr. Erle in a speech 
of two hours argued in support of the appeal, adverting 
to a vast number of legal decisions to prove that the Vice- 
Chancellor’s Court was not the proper tribunal to try the 
question at issue. He was followed by Dr. Twiss on the 
same side arguing chiefly from the practice of the Univer- 
sity. Mr. Hope then addressed the Court against the 
appeal, and contended that as the civil law was the only 
rule for the determination of the question at issue no other 
course could have been taken than bringing it before the 
Vice-Chancellor’s Court. He supported his opinion by 
reference to a number of law authorities and statutes. 
At the close of his speech the Court determined on taking 
time to consider their decision. 
Portsmouth.—The Artesian well at the Royal Hospital, 
Haslar, sunk by Mr. Docwra, manager of the large 
Artesian well now in progress for supplying Southampton 
with water, has resulted in producing an abundant supply 
of water, which has been analysed by order of the 
Admiralty and found to be of the purest and softest 
quality. The water rises through 125 feet of shingle and 
running sand, which is full of salt water and affected by the 
tides. The trouble and difficulty in stopping the salt 
water out has been entirely overcome. The quantity of 
water that Mr. Docwra guaranteed to obtain was 12,960 
gallons per day, but the actual quantity obtained from the 
spring, 156 feet deep, is 59,328 gallons per day. This 
quantity can be pumped every day without reducing the 
water in the well more than about 40 feet from the surface. 
Piymouth.—On Sunday evening between 10 and 11 
o’clock, Commander Douglas, R.N., fell over the Bar- 
bican-quay and was unfortunately drowned. From the 
marks of a bruise on his chest it is supposed that he first 
stumbled over a vessel’s warp which was fastened to a 
post, and in endeavouring to get up fell over the quay. 
Although he did not sink and remained but a short time 
in the water, life was quite extinct when the body was 
brought ashore. Commander Douglas had just paid off 
the Tweed, 20, from the North American and West Indian 
station. He was above 60 years of age, and having spent 
the greatest part of his life in the service of his country 
was waiting the arrival of a steamer to convey him to his 
home near Brighton when this unfortunate event occurred. 
—Mrs. Hill, apestended witch charged with imposing upon 
the credulity of a simple country girl named Charlotte 
Horn, under circumstances which proved the extraordinary 
superstition still existing in the lower classes, was brought 
before the bench of magistrates on Monday for the second 
time and committed to the House of Correction for three 
calendar months as a rogue and vagabond, under the 4th 
section of the 5th George IV. 
Teignmouth.—A fire broke out last week at Rowdens, 
near this town, lately the property of Sir James Nugent, 
by which the whole building and nearly all the furniture 
was destroyed. 
Railways.—The following are the returns for the past 
week :—Birmingham and Derby, 1287/.; Birmingham 
and Glocester, 1607/,; Eastern Counties, 2289/.; Edin- 
burgh and Glasgow, 2141/.; Great Western, 12,000/. ; 
Grand Junction, 6510/.; Glasgow, Paisley, and Ayr, 
1208/. ; Great North of England, 13292. ; Hull and Selby, 
976/.; London and Birmingham, 13,834/. ; South Western, 
5023/.; Blackwall, 617/.; Greenwich, 677/.; Brighton, 
31087. ; Croydon, 207. ; Liverpool and Manchester, 
3659/. ; Manchester and Leeds, 46032. ; Midland Counties, 
24641, ; Manchester and Birmingham, 2355/. ; Northern 
and Eastern, 1472/.; North Midland, 4,027/. ; Newcastle 
and Carlisle, 1411/. ; South Eastern and Dover, 26991. ; 
Sheffield and Manchester, 479/.; York and North Mid- 
land, 1521/.—The York and North Midland Company at 
their meeting last week empowered the directors to apply 
to Parliament for the extension of the line to Scarborough, 
with a branch to Pickering, and also to make arrangements 
for the purchase of the Leeds and Selby line. It is stated 
that the extension will cost 260,000/., allowing for all 
contingencies, the money to be raised by the issue of 25/. 
shares, while the revenue is calculated at 10 per cent. No 
opposition is expected in Parliament. 507,500/. is the pur- 
chase-money for the Leeds and Selby Railway, and from the 
working of the two companies it appears to be considered 
that a permanent dividend of 10 per cent. will be secured. 
—The Manchester and Birmingham directors have reported 
favourably on the subject of the branch to Macclesfield. 
The money required for this purpose they estimate at 
130,0007., and the revenue derivable from it, after paying 
working expenses is expected to be 13,520/., or rather 
more than 10 per cent. per annum. The sale of surplus 
property in the hands of the company will, it is said, be 
found sufficient to raise the necessary means.—The North 
Union and the Preston and Bolton companies have united, 
the division of profits to be made at the rate of 6 per cent. 
to the former, and of 3 per cent. to the latter, on their 
respective capitals, after the payment of which any surplus 
is to be equally distributed. The cessation of competition 
in consequence of this arrangement will, it is thought, 
ork | tially for both panies.—The Newcastle and 
Darlington Company are about to purchase the Durham 
Junction, and the directors are to apply to Parliament for 
power to complete the agreement, with a station at Gates- 
head and other works to carry the railway over the Tyne. 
—An ingenious invention has just been exhibited, and its 
powers tried on the Brighton and Croydon railway. It is 
called a pedomotive machine, and was constructed by Mr, 
England, the engineer of Hatcham iron-works, Kent-road, 
for the London and Brighton railway. It weighs about 
270 lbs., and is manufactured almost entirely of wrought 
iron. It carries four or six persons, two of whom propel 
it by means of treadles applied on a new principle. — Its 
greatest speed for a short distance is 25 miles an hour; 
its average rate is 15 miles an hour, carrying in both cases 
four passengers. By means of this machine on a line of 
railway, one man can convey a message from station to 
station at a far greater speed than a horse express, and, 
should there be any fear of its encountering a train, it 
can be lifted from the tramway with as much ease as a 
sedan-chair, 
IRELAND. 
Dublin—The Court of Queen’s Bench on Saturday 
decided that the 15th of January shall be the day for 
commencing the O’Connell trial. The matter was dis- 
cussed at great length, and this arrangement was made by 
tke concession and consent of the Attorney-General, 
although bis notice of application stated that the llth 
December was the day which he would ask the Court to 
name for the above purpose. On proceeding to make his 
knew that there had been affidavits made by the gentlemen 
who acted as solicitors for the respective defendants, 
wherein it was represented that they did not think they 
would be ready before a certain day which they named. 
Now if what they so stated was a matter of fact within 
their own knowledge, he would pause before he dis- 
regarded what they said; but as that was a mere matter of 
opinion the court was not called upon to decideit. Under 
all the circumstances the court were of opinion that the 
traversers would have plenty of time between this and the 
15th January, the day nominated by the Crown for trial, 
to prepare their defence. His Lordship having observed 
that it was not mentioned in the affidavits that any of the 
traversers’ witnesses were resident out of Ireland, ordered 
that the trial should take place on'Monday the 15th Janu- 
ary next. Mr. Steele (who was sitting in the traversers’ 
bar) rose to address the court. He said—I most respect- 
fully press a proposition that I ought to be heard being, 
as I am, one of the parties concerned in this case. Chief 
Justice—This is, perhaps, somewhatirregular. Mr. Steele 
~—I have a profound respect for the court, but—— 
Chief Justice—I should be very sorry to cut you short, 
Mr. Steele. Mr. Steele—I hope I shall receive the same 
justice from you, my Lord, as I did from your illustrious 
brother when I'was tried before him. Chief Justice—Go 
on. Mr. Steele—I most respectfully beg to say that, lest 
my silence should be considered an acquiescence in what 
your Lordship has stated in regard to the witnesess that 
they all resided in Ireland—— Chief Justice—I merely 
stated, Mr. Steele, that the affidavits did not mention that 
any of the witnesses resided out of Ireland. Mr, Steele— 
My Lord, what I have to say is this: the only witness 
whom I shall examine who resides in Ireland is Lord 
Plunket, and it is with pain I draw him from his present 
retirement ; all the other witnesses reside in England. It 
was then ordered that Monday, the 15th January, 1844, 
should be fixed as the day of trial. The court, which was 
extremely crowded during the day, was soon vacated by 
the public and the ordinary business of the court pro- 
ceeded with. The utmost anxiety was manifested by the 
most respectable citizens, numbers of whom thronged the 
hall of the court and the avenues to it to learn the re~ 
sult.—On thesame dayan application was made to the court 
by Mr. O’Hagan, on the part of Mr. Charles Gavan 
Duffy, one of the traversers, for a copy of the names of 
the witnesses on the back of the indictment. He moved 
upon the affidavit of Mr. J. Coppock, an English attorneyy 
showing what was the practice in England. A motion 
similar to this had been brought forward, and had been 
decided against the traverser. But for the present proposi~ 
tion they had special grounds, special affidavits, and 
Ht) 
mtotion on Saturday, he was met by a cross appl 
from the other side. he traversers moved the Court 
that the trial might be postponed till the 1st February. 
They applied on the general ground that such a delay was 
necessary to them in order to be fully prepared ; and 
secondly, on the ground that the present Jury list was 
very imperfect, and that a new and improved one would 
be in use at the period they specified. This appli- 
cation was moved by Mr. Henn, @.C., who read a long 
affidavit from Mr. Pierce Mahony, which chiefly ad- 
dressed itself to the imperfections.of the existing Jury 
List. Mr. Henn in the course of his argument said, 
‘«There were only 4000 names upon the book altogether, 
and only 388 names upon the Special Jurors’ List, of 
which there were only twenty-three Roman Catholics. 
Such was the state of the list ; and at the present moment 
there was a revision going on before the Recorder of 
Dublin, at which the Recorder several times expressed his 
satisfaction at the benefit which would accrue to the citi- 
zens in obtaining fair Juries.. At that revision it was 
found already, although only one-fourth of the collector’s 
lists were gone through, that there were no less than 500 
persons qualified to serve, of which 100 were Roman 
Catholics; and it was sworn that there were no less than 
300 members of that religion qualified ; therefore under 
those circumstances he submitted that a fair and impartial 
trial could not be had from the present list.’”? The At- 
torney-General defended himself against several charges 
which had been made against him, and treated all other 
grounds put forward for postponing the trial as insuffi- 
cient, save that last mentioned. Under all circumstances 
he said he had come to the conclusion that he would best 
discharge his duty by not objecting to the postponement 
of the trial to the second day of next Term, to the first 
Monday in fact in that Term, and he should on no ac- 
count consent to its being put off to the vacation after 
Term. Mr. Pigot replied on behalf of the traversers, and 
contended that considering the importance of the case 
and the circumstances connected with it, the ends of jus- 
tice could not be obtained without a postponement of the 
trial till February. The Solicitor-General was about to 
respond on the part of the Crown, when he was inter- 
rupted by the Chief Justice, who said that he forbore 
purposely throwing out anything like an expression of 
opinion of the most remote kind upon the merits of the 
present case. In the first place—except from popular 
report, which amounted to nothing—they knew no- 
thing at all about them. In the next place, it would 
be premature to express a knowledge of what they 
did happen to know before the case came on for trial, 
when the accused would have to meet the charge 
made against them, and be prepared to do so. It was of 
the utmost regard that proper respect should be paid to the 
due course of the administration of justice. The At- 
torney-General had very properly given way to the post- 
ponement of this case until everything like an imputation 
upon the selection of the jury was to be remedied by the 
process of revision, which it appeared on all hands was 
now going forward before the Recorder of Dublin, He 
special cir Attorney and Solicitor- 
General opposed the application, and the Lord Chief 
Justice said the practice in England was not conclusive. 
It would, he said, be a different thing to call at the trial a 
witness whose name was on the indictment, and to make the 
concession required here, when the consequence might be 
discussions in newspapers and their characters vilified. 
There was another danger of witnesses being put out ©! 
the way, he did not say by foul means, but by foul means 
or otherwise. That was a danger which was to )& 
guarded against. He deemed that nothing could be more 
injurious than a difference of practice in this country and 
in England ; but he protested he was not to be bound by 
the opinion of Mr. Coppock; and he must say that if he 
were driven to make a selection between the practice a 
England and in Irelond, then he must abide by that in 
Ireland. His opinion therefore was, the rule should be 
refused. Mr. Justice Burton and Mr. Justice Crampto? 
concurred with the Chief Justice. Mr. Justice Pert? 
dissented, The rule was consequently refused. At the 
close of the proceedings Mr. Smyly moved, of 
the part of the Crown, that their Lordships shoul 
direct the proper officer to strike a Special Jury My 
this case, the rule not to be acted on until the new 
Jury list should be made out. The order was grante oa 
The weekly meeting of the Repeal Association took plac 
on Monday. The inspector of police and governmel 
reporter were present. After reading several letters ae 
Presbyterians, approving of the late declaration of ell 
Catholic prelates against a state provision, Mr. 1Conn 08 
said he “had now to address the association on ee 
that related to the present state of the repeal ore 
He was asked, did he feel any species of diffidence ee 
the ultimate success of that measure? He had Lies 
asked whether the prosecution had not impeded its a ae 
and might check its career completely? His eel 
once was, those prosecutions had assisted the causes io 
made its ultimate success more secure and more PT Btes 
more conciliatory, and, at the same time, moré comp ifi- 
That was his thorough conviction. Look at the Be 
cent tranquillity of the people of Ireland. He always aces 
that they were determined to obtain the repeal by pe te 
able means. He was told that, if they were intr 
in their career—if the monster meetings, a5 yee e 
called, were interrupted, the peace would certain. ist 
violated. They were interrupted in the ‘ee paving 
dangerous to the peace ; they were interrupted 4h in the 
a short notice given them—they were interrupte en civil 
mode most likely to create tumult, and perbap! 
war. But what was the result? Perfect tangs hh 
vailed 3 there was not a ripple on the surface uillity would 
tical ocean, and he was confident that trang) indictment, 
still continue. He would plead guilty to the isistord the 
if he found in Treland one single effo Nits the prose- 
What cared he for the Hae facts in favour 
