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1843.) 
- THE GARDENERS’ CHRONICLE. vit) 
the merits and services of the Rev. Father Mathew, took 
place last week in the Theatre Royal. The Duke of 
Leinster presided, and said that it afforded him the 
greatest pleasure to preside at this meeting, and in every 
Way to show the respect and esteem he entertained for the 
Rev. Mr. Mathew. The immense assemblage before him, 
he said, assured him that the meritorious conduct of that 
individual was no less highly estimated and felt by the 
country. The resolutions for the purpose of carrying into 
effect the object of the meeting were moved and seconded 
by the Marquises of Headfort, Clanricarde, and Kildare, 
Judge Moore, Sir G. Hudson, Bart., Sir J. Burke, M.P., 
Mr. Wyse, M.P., Mr. Smith O’Brien, M.P., Mr. Tuite, 
M.P., the Hon. Colonel Southwell, and Mr. O’Connell, 
and were carried without a dissentient voice. Several of 
the leading peers and gentry of Ireland were present, and 
the boxes and galleries of the theatre were crowded to 
excess.—A large meeting has been held in Dublin for 
the purpose of expressing dissatisfaction with the Irish Poor 
Law. It was attended by noblemen and landowners of 
all shades of party politics, the chair being taken by 
the Duke of Leinster, and the resolutions proposed and 
seconded by the Marquess of Downshire, Lord Ormonde, 
Lord Roden, Lord Charleville, and others; while there 
Was a numerous attendance of members of Parliament, 
both Ministerial and Opposition, A resolution was 
carried to the effect that—‘‘ It being the conviction of 
the meeting that the law, unless to a great extent remo- 
delled, would every year become less effective as regards 
the objects intended by the Legislature, and that it would 
tend, at no distant period, to the serious embarrassment 
of any Government, a deputation be appointed to urge 
upon his Excellency the necessity of an immediate and 
Searching inquiry into the operation of the whole system.” 
A deputation waited upon the Lord-Lieutenant accord- 
ingly, and stated the resolutions to which the meeting had 
come. His Excellency, in his answer, said, ‘‘ The Go- 
yernment were quite alive to the importance of the sub- 
Ject, and most anxious to receive information upon it, 
Particularly so from gentlemen of such rank and intelli- 
gence, and whose object was to improve the law; that the 
question was manifestly one of great difficulty,”’ &c.; and 
he concluded by observing, that it was impossible that 
i legislation should take place early in the session, as the 
Meeting recommended.”—A new Irish Registry Bill is 
Said to be in preparation, in which the existing 10/. house- 
hold franchise will be retained, and a new franchise added 
Similar to the tenant-at-will, or Chandos qualification in 
England, to be fixed at the annual payment of 30/., ac- 
n. 
cording to the Poor-Law valuatio; 
SCOTLAND. 
LEdinburgh.—The Court of Session was occupied last 
week in hearing the arguments of counsel in the well-known 
cases of Auchterarder and Strathbogie, the whole Court, 
With the exception of the Lord Justice Clerk, being 
present. The counsel who appeared for the several 
parties were Mr. Rutherford, the Solicitor-General, an 
the Dean of Faculty. The arguments of Mr. Rutherford 
and the Dean of Faculty were of considerable length. The 
Court intimated that they would give judgment ona future 
day.—The Caledonian Mercury announces that they are 
authorised to state chat the appeal taken to the House of 
ords, in name of the dissentient parishioners of Culsa- 
mond, against the decision of the Court of Session, by 
Which the settlement of the Rev. Mr. Middleton was 
Sustained as valid, has been abandoned, by directions from 
the law committee of the General Assembly. The decision 
of the court below must now, therefore, be regarded as 
final and conclusive of one of the great church cases 
which have recently occupied so much public attention, 
and excited such general interest.—It is rumoured that 
tT. Fox Maule, in his proposed measure for the settle- 
Ment of the troubles of the Scotch Church, favours the 
Views of the majority, and that his measure will probably 
© a mere enactment of the veto, or a repetition of some 
of the Bills which have been already introduced into 
Parliament.—The,Lord Justice General, the Lord Provost, 
nd other gentlemen, met as a committee at Holyrood 
Ouse last week, to accompany Mr, Nixon, the Master 
a Works for the Woods and Forests, over the ground to 
€ Converted into a carriage-drive round Salisbury Crags and 
Arthur's Seat. The line is to commence near the temporary 
Sate in the Abbey-hill, pass through Queen Mary’s-gardens 
to the front of the Palace, across the payed Palace-yard, and 
gain through the gardens at the south of the Palace, to 
Point about the beginning of the irrigated meadow. 
Dow, this point a road is to be made eastward to the 
ae 8-walk, and along that wall to the Watering-stone at 
eadowbank. Another road is to be continued from the 
Point in the irrigated meadow southward, along the bot- 
ee of Salisbury Crags, till it reaches the road leading to 
hil Powder-house. ‘Thence it is to double round the 
D, I towards the shepherd’s house, commonly called 
mone Dean’s cottage. It is ultimately intended ‘to carry 
© road to Duddingstone by a line nearly the same as the 
ee foot-walk. The committee were satisfied,’ not 
nly with the utility of such lines ofroad, but also with 
tio cauty of the scenery, and the great additional attrac- 
n the roads must give to the city. The works will be 
ton poration within two or three weeks, and it is in- 
i led to have them exclusively executed by the Edin- 
ee labourers now out of employment. 
Warisgow.—The installation of Mr. Fox Maule, as Lord 
day “a of the University of this city took place on Thurs- 
Bre, eek, in the Common Hall; he .was received with 
at enthusiasm. 
a 
any SPiscellaneous. 
legle97¢phs.—At the recent sale of the Marquis Wel- 
Y's library an eighteenpenny pamphlet, entitled, “A 
Letter to the Duke of Wellington on the Present State of 
India,” published only last year and still on sale, procured 
the enormous sum of 95/. 11s. ; merely because it con- 
tained two or three MSS. notes by the late marquis, in 
reference to some passages quoted from Mr. Alison’s His- 
tory. This. ci is so unprecedented, that the 
following account of the manuscript comments, taken 
fromthe Times, may not be unacceptable to our readers :-— 
At page 6 of the pamphlet the text says, ‘‘ He (the 
Marquis) sent indeed a strong Army of observation under 
Sir J. Craig,” &c. The note thereon is,—“ The Army, 
‘in the field,’ as it was called, and as in my time it 
‘ always’ was, with all equipments, prepared for imme- 
diate service, was the only preparation made against the 
‘certainly meditated’ attack of Zamaun Pchah.—W.”” 
[The text spells it ‘‘Schah.’’] At page 15 the text quotes 
from “ Alison’s History,” vol. vii., pp. 184 and 185, where 
that author speaks of the overthrow of Colonel Monson’s 
division, and the disastrous confidence thereby generated 
among the restless and rebellious native chiefs, &c. 5 the 
writer of the pamphlet observes, ‘‘ When again, in the 
war with Holkar, the Marquis deviated from his usual 
policy,” &c., and ‘ these impending evils were arrested 
by a recurrence to those better and wiser councils, which, 
with the one exception, characterised the whole of the 
Marquis Wellesley’s government,’’ &c. The Marquis, in 
his note exclaims—‘‘I never deviated at any time from 
my fixed policy ; Monson (a poor, weak, though brave 
man), with the best intentions, deviated from it, and 
spared him on a fixed principle, ‘never to cast blame on 
those whose intentions were fair and honest, although my 
own fame might suffer.’ All the phrases ‘departed,’ 
‘recurring to,’ &c., are quite misapplied—they should be 
corrected. Monson’s advance and retreat were no acts of 
mine. I wish the author of this letter, who seems to be 
a well-informed and judicious person, would inform Mr. 
Alison of these facts. Alison’s work is excellent, 
and most fair to me, but he has made some mistakes 
which I could correct if I knew him or any of his friends. 
—W.’ e pamphlet was purchased for the D 
Wellington, and it is said that, on the price being men- 
tioned to him, he evinced, not unnaturally, the utmost 
surprise. The competitor against Mr. Hatchard, who 
bought the lot, was Mr. Blackwood, the publisher of Mr. 
Alison’s History, that firm desiring to possess such testi- 
mony to the general excellence of the work. Mr. Hatch- 
ard’s order, however, was unlimited—merely ‘‘ buy it ;’’ 
and, if Mr. Alison’s publishers had not entered the field, 
there were others prepared to go to a very high price. 
One gentleman was ready to go as high as 50/., so that 
his Grace had no chance of obtaining a bargain. The 
i i di 1 in the history of sales of 
is 
books and autographs. 
“©Old Mortality.."—The only occupation of the old 
man was wandering about the country, repairing the 
tombstones of the Covenanters, travelling. from one 
churchyard to another, mounted on his old white pony, 
till he was found dead one day by the road-side. His 
family experienced a singular variety of fortune. One of 
his sons went to America, and settled at Baltimore, where 
he made a large fortune, He had a son who married an 
American lady, and the latter outliving her husband, be- 
came Marchioness Wellesley! His daughter was. mar- 
ried to Jerome Bonaparte, and after her separation from 
him wedded Monsieur Serruier, the French consul at 
Baltimore. What would ‘* Old Mortality ” have said, as 
he bored among the neglected grave-stones in Scotland, had 
he foreseen that the widow of his grandson was to become 
an English Marchioness, sister-in-law of the Duke of Wel- 
lington, and his granddaughter Queen of Westphalia, and 
sister-in-law of Napoleon !—Jnverness Courier. 
Gan. 
nengs’ CourtT.—Nunn against Varty and Mopsey.—Sir H. 
Jenner Fust delivered his judgment in this case, which was an 
appeal from the Consistory Court of London in a cause of sub- 
traction of church-rate, promoted by the Churchwardens of St. 
inst unn, a parishioner, the amount 
si 
allegation in opposition to the rate, the learned Judge in the 
court below holding that it pleaded no sufficient 
into three separate and distinct parishes. The Dean of the Arches 
now affirmed the judgment of the Court below upon every point, 
pronounced against the appeal, and condemned the appellant in 
the costs. 
Cenrran Crimrnau Court.— The fourth session during the 
present mayoralty commenced on Monday before the Lord Mayor, 
nd usual civic authorities, The Grand Jur 
became more necessary for him to draw their particular attention 
to the case. He would therefore address a few observations upon 
the charge of murder, and would preface those obseryations by re- 
marking, that in case of a defence being set up on the ground of 
real or supposed insanity, it was not their province to take such 
matter into their consideration, and throw out a bill in conse- 
made those observations, because it would be ne- 
cessary very particularly to allude to a defence of insanity, be- 
In the case of “The Queen v. the wife of John Hodges,” when 
the grand jury came into court, the foreman stated, that a bill 
inst a mother for the murder of 
Alderson, who was on the bench, said, ‘Then, gentlemen, you 
did wrong; you ought not to try that question. Ifyou are of 
bill, otherwise you afford no security t 
° 
2. 
‘sume statute, it was enacted that if a person was acquitted upon 
secution only, it appeared that the accused was not in his right 
i i f this description they would be pleased 
to attend to the directions he had given them, and not try the 
question of sanity or insanity ; for, according to the provisions 
of the statute to whic! had already alluded, that was a ques- 
tion to be determined by another tribunal. Haying made these 
preliminary remarks, he would call their attention to what the 
Jaw deemed the crime of murder. Coke said, “ When 
a person of sound memory, and of the age of discretion, unlaw- 
fully killeth any reasonable creature in being, and under the 
<ing’s peace, with malice aforethought, either express or im- 
plied, so as the party die of the wound within a year and a day 
after the same, it is murder; but the offence cannot be committed 
by an idiot, lunatic, or infant.” And Lord Hale describes the 
age of an infant to be under seven years. Now, although it was 
held by law that an insane person could not be found guilty of 
the crime of murder, still it was necessary, in order to exempt & 
party from such a responsibility, to prove that at the time he 
committed the offence, he was incapable of distinguishing right 
from wrong. Sir Michael Foster, in his treatise on homicide, 
said—‘* In every charge of murder, the fact of killing being first 
proved, all the circumstances of accident, necessity, or infirmity, 
are to be satisfactorily proved by the prisoner, unless they arise 
out of the evidence adduced against him ; for the law presumeth 
the fact to have been founded in malice until the contrary ap- 
same learned authority upon that subject said, ‘‘ When the law 
maketh use of the words malice aforethought, as descriptive of 
the crime of murder, it is not to be understood in that narrow 
restricted sense to which the modern use of the word malice is 
apt to lead one—a principle of malevolence to particulars; for 
the law by the term malice, in this instance, meane' it 
the act hath been attended with such circumstances as 
are the ordinary symptoms of a wicked, depraved, and ma~- 
lignant: spirit ;*" and again, “and I believe most, if not all, 
of the cases which in our books are arranged ander the 
head of implicd malice, will, if carefully adyerted to, be found to 
turn upon this single point—that the fact hath been attended 
with such circumstances as carry in them the plain indications 
of a heart regardless of social duty, and fatally bent upon mis- 
chief.’ To these observations he (the Recorder), would add, 
that if in the prosecution. of a. guilty purpose, another offence, 
which caused death to the individual was intended for another, 
the offence was in law the same, inasmuch as it was an unlawful 
taking away.life. If, therefore, in the course of the investiga- 
tion, it should appear from any expression used by the accused, 
or from any other facts that might be adduced in evidence, that 
some other person had been aimed at, or that the accused had 
another person in His mind, the offence was equally one of mur~ 
er. As far as he could judge from the depositions, the facts 
which would be laid before them would be short an 
simple; they would in all probability find that the unfortunate 
was walking in the street whilst in the occupation 
of his usual avocations, that he was followed by the prisoner, wh 
a 
wound intentionally. If such facts should be proved in evidence, 
their duty would be extremely short. If they should be of opi- 
itself to be held or considered a proof of insanity, there would be 
no safety or security for the public, and the consequences would 
bedreadful to contemplate. ‘To a certain © i 
crime was irrational; at least, it was irrational to run the peril 
slight grounds to be admitted as @ 
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jury. 
wyial of M‘Naghten,—The grand jury having found a tr 
ee eee: Daniel M‘Naghten for the murder of Mr. Drum. 
, he was placed at the bar on Thursday to take his trial. 
Aft erthe indictment had been read, the clerk of the arraigns 
asked him whether he was guilty or not? 
tion. eps Said the court could not hear him until the 
prisoner had pleaded. The question was repeated, but the pri- 
soner remained silent. Lord Abinger then told him that he was 
extremely ~ 
