1843.] 
THE GARDENERS 
CHRONICLE. : 
855 
on the trials and after them, as it did now. Why, they 
might imprison them, but would they prevent them from 
writing? Would they prevent the people from looking 
forward to the day when the period of the traversers’ sen- 
tence would expire? Oh! they might postpone the 
Tepeal cause for a season, but if the tranquillity continued, 
the day of the revival of the repeal cry would as surely 
occur as the rising of to-morrow’s sun, and it would come 
the better, because the men of fortune and timid men 
who were. now afraid that the people would engender dis- 
turbance, would find that their fears were ill-founded. He 
next commented onan article inthe Times, which he charged 
with anticipating the result of their trial. He bewailed the 
attack on Mr. Waller, and the dreadful murder of Miss Vere- 
ker, and again returned to the T'imes—whose conductors he 
denounced as “reckless ruffians.” He warned England 
against the encroaching power of Russia, and again made 
a digression which comprised the year 82 and the inde- 
pendence of Ireland. A letter was read from Mr. Smith 
"Brien, accepting office as one of the Committee of the 
Association. _Mr. O’Connell said he wished to state that 
‘nst., and he never performed a public duty with greater 
pleasure than he would do in presiding at that banquet. 
He considered Mr. Smith O’Brien one of the greatest 
Acquisitions the repeal cause could have ; one who was, 
In his opinion, in the very highest grade of Irish patriotism. 
A Vote of thanks was passed to Mr. John O’Connell for 
his financial statement on a former day of meeting. Mr. 
Steele announced that, in addition to Lord Plunket, he 
Would examine on his trial Sir R. Peel, Sir J. Graham, 
. Os. 8d.—Mr. O'Connell has issued another 
address to the people against Ribbon Societies and mid- 
night fires ; the latter of which he condemns as “a foolish 
and dangerous custom, which can do no good and may 
do a great deal of harm, even accidentally.” The Fer- 
managh Reporter states that ‘the persons who attended 
the late repeal meetings throughout Ireland in the cha- 
Facter of French emissaries were neither more nor less 
than officers of the London police, sent over to Ireland 
for the purpose of watching the proceedings and noting 
the seditious expressions of the leaders. ‘They were 40 in 
number, and well acquainted with the continental lan- 
Suages. It is said that they can prove certain offers from 
the repealers which will substantiate the assertion of the 
Attorney-General, that he would prove the existence of a 
wicked and dangerous conspiracy.’’—Lord Lucan and 
Mr. St. Clair O’Malley, who had been deprived of the 
Commission of the peace for personal squabbles, have, says 
the Pilot, been both reinstated in all their former honours 
as magistrates, 
i “oe.—A new proclamation has been issued by the 
pord-Lieutenant increasing the reward for the appre- 
Person of Mr. Waller, from Q0/, to 15901, in consequence 
This proclamation states 
that the assailants consisted of “a party of three men, 
The resident magistrate has also 
offered 4 reward of 5007. for the discovery of the offenders. 
Subsequent accounts received by express yesterday men- 
Hon the death of Mr. Waller on Wednesday morning 
Stween 2 and 3 o'clock. For some days hopes were 
entertained of his recovery, but on Tuesday his medical 
attendants felt alarm at the inflammation which was 
displayed around the wounds on his head. He rallied 
at night and immediately afterwards fell asleep. About 
two o'clock he awoke and rung the bell and desired the 
Tavant to tell his family to come to him for he had not 
°ng to live, and in less than half an hour the ill-fated 
Sentleman expired. Miss Vereker’s death was not com- 
Municated to Mr. Waller until Monday, and the effect 
phon him was most prejudicial. ‘The immediate cause of 
ee death arose either from erysipelas or from an abscess 
Wining in his head which broke upon the brain. Mrs. 
th aller ig not expected to survive long. It is rumoured 
at the police have received information which they 
“pect will lead to the detection of the murderers. 
‘ueen’s County.—A. labourer named John Gill was 
®Pprehended last week in Dublin, and conveyed to Tulla- 
mes prison to await his trial at the ensuing assizes on 
Ne charge of being concerned in the murder of Lord 
orbur 
gp laremorris.—An inquest was held on Wednesday the 
iY nd at Castlemacgarrel, near this town, on the body of the 
3 °n. Henry Browne, son of Lord Oranmore. There were 
ay a few witnesses examined, when the following verdict 
mae returned :—‘‘ That the deceased came by his death in 
ing8equence of a gunshot wound received on the 21st 
ne by the accidental discharge of his own gun while 
“s Soting on the lands of Ballyknave.” 
SCOTLAND. 
a Sutherland.—The differences which have recently 
or ted so much sensation in Scotland between the Duke 
h Sutherland and the leaders of the Free Church have 
“satisfactorily settled. The ground on which his 
"Ace declined to grant sites in the county of Sutherland 
me the reiterated declaration of the Seceders that they 
®oked on the. establish a8 istent as a church, 
a that their object was to sweep what they were pleased 
h, Call the residuary body from the face of Scotland. It 
on however, been explained to the Duke by the Free 
trek that the Seceders are not combined for the over- 
ig .,0f the institution they left, but that their sole object 
0 diffuse what they think are sound principles. On 
8 assurance the Duke of Sutherland has felt it his duty 
ist, 
thi 
te 
© Sive a favourable consideration to any applications for 
“8, provided they appear to his Grace to be founded on 
Siti 
such principle, reserving however to himself the power 
to determine ‘he situation of such sites, and taking care 
to grant them with due regard to the wants of the people, 
and to the welfare and security of the Establishment. 
Edinburgh.— The Faculty met in their library on 
Saturday, for the purpose of electing a Dean in the room 
of Lord Robertson, when Mr. Duncan M‘Neill the present 
Lord Advocate was elected—The musical chair in the 
University is again vaca Sir Henry Bishop, who is 
now in London, has written to the Senatus stating that 
his health will not permit him to come down and deliver 
lectures, and that in consequence he resigns the chair. 
Aberdeen.—The Senate of King’s College and Univer- 
sity, Aberdeen, on Saturday last, by the casting vote of 
the Principal, approved generally of the resolutions of the 
Senate of the University of Glasgow relative to the abro- 
gation of religious tests in the Scottish Universities. 
THEATRICALS. 
Drury-Lanzu.—On Monday night the lessee of this 
theatre fairly put forth his strength by the production of 
& new opera, the work of a native composer. The ex- 
periment, although hazardous in the extreme, looking at 
the fickle taste of English audiences, was most triumphant, 
and composer, author, and singers, were called for in suc- 
cession. The Bohemian Girl is the title of Mr. Balfe’s 
new opera; the libretto is taken almost entirely from the 
pantomimic ballet of La Gypsey, invented by MM. De 
St. Georges and Mazilier for Fanny Elssler when she 
was at the French Opera in 1839, and a version of which 
has been given at her Majesty’s Theatre. Mr. Bunn in 
arranging the words of the libretto has changed however 
the locality from Scotland to Hungary. The French story 
18 made to pass in the time of Charles II. The adapter 
has taken a somewhat corresponding period in Polish his- 
tory. Thus Thaddeus a proscribed Pole, is to the Emperor 
of Austria what the Puritans are to the restored Charles. 
There is little difference consequently in the situations. 
tis the same history of an exile who joins a band of 
gipsies to save himself from his pursuers, and who then 
Saves the child of a Count from the antlers of a chased 
Stag. © The child afterwards stolen by a gipsy chief out 
of revenge also joins the tribe, and in due course marries 
her benefactor. The real rank of the heroine is finally 
discovered, as also the position of her husband, and the 
aron consents to ratify the union. This would seem to 
end the drama, but there is a jealous queen of the gipsies, 
and she nearly accomplishes the ruin of the lost child’s 
character by accusation of robbery, and eventually her 
death, had not the blow been turned against the enraged 
queen herself. This is the operatic finale, for the opera 
ends fatally. This drama derives its entire interest from 
its domestic situations ; but from the numerous incidents 
succeeding each other with such rapidity attention is kept 
alive to the end, and the composer has no ordinary scope 
for the exercise of his talent. The principal characters 
were sustained by Miss Rainforth, Mr. Harrison, Mr. 
Hudson, and Miss Betts, A ballad, ‘* That you loved me 
the same,”’ the gipsy girl’s dream, was sung twice so 
charmingly by Miss Rainforth, who is the stolen child 
arrived at woman’s estate, that it was demanded vocife- 
rously a third time. At the close of the piece, Mr. Balfe, 
Mr. Bunn, and the principal singers were called for, and 
received with such enthusiasm as to leave no doubt that 
the ‘* Bohemian Girl ’’ will have a long career of success. 
Gab. 
Court or Common PLiEAs.—Registration Appeals; Boroughs 
of Wenlock, Ludlow, and Birminghom.—In the two former cases 
several decisions of the Revising Barrister striking off the list of 
borough voters persons who qualified in virtue of stables (not 
being livery stables,) in fields, were decided by the court on ap- 
peal last week. The judges held that though bridges or walls 
were not buildings of the same kind as ‘‘ warehouses,” &c., men- 
templated by the Legislature. Noincony, 
penaa ‘unrepresented in a borough 
county. ‘The Court was of opinion that the Revising Barrister 
was right in th s' ” 
form ‘het. it was perfectly clear that the property in aceneionitall 
s, Mr. Sergeant Channell, and Mr. Humfrey) stated that 
age eaten was brought by the plaintiff, ee to recover 
damages from the defendant for services that he E ad tendered as 
editor of the Illustrated Polytechnic Review, 0 Ehich 
defendant was proprietor. An introduction took place between 
Mr, Nurse and plaintiff which ended in the latter being engaged 
as editor at @ salary of three guineas a week. His SeIvVices, hoy 
Mr. Woods, parliamentary reporter of the Times ; Mr. Ayckbown, 
a barrister and reporter; M i 
foreign editor of the Morning Post; Mr. Bousfield, of the Times, 
and others, all of whom state ii 
was always for a year at least according to the usage of the press. 
For the defence Mr. Sergeant Talfourd contended that whatever 
might be the nature of the i 
of daily newspapers 
new publication of this description published at the cheap rate of 
4d. 1! id i inti 
sum, at the rate of 3/. 3s, fora 
twelvemonth, 4/, 4s. a week for the loss he had sustained in not 
having the perquisites, such as books, prints, &c., generally the 
property of the editor, which he would have acquired had he 
continued editor, besides other pecuniary advantages, such as 
However, whether 
such a usage as stated existed or not, the defendant was justified 
in dismissing the plaintiff, as he had reason to be displeased with 
the manner in which he conducted the joarnal. Witnesses were 
called to prove this dissatisfaction o' 
Titus 
be inserted. Dr. Baxter said ‘No; it is conveying an imputa- 
tion upon me.’* Nurse stamped his hand upon the desk, 
and said it should be inserted, whatever was the consequence, 
He also alluded to an article about Dr. Playfair, which had been. 
inserted in the first number of the Review, and which had pre- 
viously been printed. Mr. Nurse then went away. Dr. Baxter 
afterwards came up to the printing-office, and told him not to 
print the article. It was, however, printed. The article was put 
in in evidence, and was an apology for having taken an article 
rom the Gardeners’ Chronicle, and inserted it in thé Ilustrated 
Polytechnic Review. Examination continued: Dr. Baxte 
assist as editor when he came to the printer. 
the way than otherwise. Dr. Lindley, a proprietor of the 
Gardeners’ Chronicle, stated that he saw the article in the I/Zus- 
trated Polytechnic Review, copied almost entirely from the 
publication, The misprints were included. He compl 
such proceeding in the Gardeners’ Chronicle, because they stated 
> 
that the articles were altogether preposterous and belied the title. 
There were three articles, one on the win uge, another on the 
barometer, and the third on the thermometer, which were copied 
and utterly incorrect, showing an ignorance of chemical know- 
ledge. The witness also alluded to other inaccuracies, such as 
printing the name of a French chemist, “ Pelouze,”’as “ Pilonge.’? 
The three first numbers were sufficient to damn the publication, 
The articles were preposterous for a Polytechnic Review, They 
would have better suited Punch. The Lord Chief Justice summed 
up and told the jury that the principal questions they had to 
termine were whether this was an engagement for a year; 
secondly, whether the defendant had by his plea and the evidence 
he had given in support of it shown his right to terminate the 
engagement before the end of the year; and lastly if it should 
edly the general rule of law was that when there was nothing to 
contradict it, if a person engaged another upon a service that was 
in its nature a lasting and enduring service, the engagement was 
for a year. That was the general course the law assumed, but 
the law always looked at the nature of t t 
agreement itself, and therefore the plaintiff had called & consider~ 
able body of evidence to show that in the cases of editorships of 
icati iat nature, where an editor 
The evidence that had been 
adduced on that subject was therefore of a nature very proper 
for them in determining the verdict to take into their considera- 
tion. The Jury retired ata quarter past eight o’clock at night, 
and after having been absent for a considerable time returned 
with a verdict for the defendant ; first issue, that plaintiff was not 
engaged by the year; second, that defendant had proved his plea, 
Court or ExcuxgueR.—Gardner v. Mario and Another.—This 
Was an action by a market gardener, residing at Ealing, against 
Signor Mario and his coachman, a person named Albridge, to re- 
cover compensation in damages for injuries dane to the plaintiff 's 
horse and cart, in consequence of an accident, which was leged 
to have been produced by the negligent driving of Signor Mario’s 
Servants. Messrs. Jervis, Humfrey, and James appeared for the 
Plaintiff, Messrs, Cockburn and Jones for defendant. 1t appeared 
that on the morning of Sunday the 2d of July, at about one 
at a slow pace, at the 
roper si an 
have ake SER SOO CELINE had it not been for the wanton 
carelessness of the defendant’s coachman, who was driving 
rapidly. On the other side it was alleged that the Signor’s car- 
riage was going at a moderate pace, and shat the accident was oc- 
casioned by the plaintiff keeping the ndddle of the road. The 
case lasted up to an advanced hour, and terminated by a verdict 
for the plaintifr—pamages, 500. 9 
‘Solomons Tes Bpaecutriz.—This was an action by Mr. 
Solomons, fruiterer in Covent-garden market, to recover from 
Mrs. Isaacs, the widow and executrix of one Samuel Isaacs, 
vir. M. 
The plainti 
intimate friends, and had been partners in trade, and it was sug. 
gested that the money, for Which the 2007. 1 O U wasgiven, was 
borrowed by Mr. Isaacs to advance to a son-in-law, whom he was 
