July 6, J 



THE NEWSPAPER. 



the Minister having employed individuals to enter into 

 the negotiation, he was reluctant to assert so much, 

 because the maxim, Qui facit per alium facit per se, 

 would apply then, and he should be equally guilty of 

 high treason as if he in person had committed the act 

 which had been attempted. The answer of the Pope to 

 the application he had referred to was, of course, an in- 

 dignant refusal to interfere ; but the insult to the com- 

 munity was equally as great as if the attempt had suc- 

 ceeded. He had no doubt that " H. B." would take 

 this proceeding as a subject for one of his admirable 

 caricatures. After some further observations the hon. 

 gentleman concluded by calling on the people to stand 

 together, and they would soon get rid of the Ministerial 

 vermin that had got about the throne. Mr. D. O'Con- 

 nell, Jun., announced, that the imprisoned traversers 

 were in excellent health and spirits. They were actually 

 getting fat, and it was no wonder they were, inundated 

 as they were with good things in the shape of presents 

 from their friends. Yesterday they had been presented 

 with a large cake, three feet in diameter and weighing 

 501bs., and they had received at the same time a sturgeon 

 from Limerick, which was seven feet long and weighed 

 2001bs. The rent for the week was 2152/., making the 

 amount of 14,523/. received during the five weeks of 

 Mr. O'Connell's imprisonment. 



SCOTLAND. 

 Perth — The local papers state that the late rains came 

 as opportunely for the young grouse as for the growing 

 crops. On all the low grounds where the drought had 

 dried up the rivulets and springs, the rains, which in the 

 1 lighlands preceded the fall in the low country by nearly 

 a week, came just as the birds were breaking the shell ; 

 and its good effects are now to be seen in numerous 

 broods and large coveys upon almost all grounds. The 

 bilberry, viburnum, and other mountain plants, which 

 form the chief food of the grouse, have put out a new 

 growth in consequence of the change of the weather, 

 and the fresh shoots will afford an abundant supply till 

 the fruit is ripe. There are now few of the Highland 

 shootings in the market ; there are two or three of Lord 

 Glenlyon's above Blair ; another in Strathtummel, and 

 one or two smaller muirs lower down ; but, with these 

 exceptions, all in this county are engaged. 



Iain. 



House of Lords.— The Irish Trials. Writ of Error.— The 

 House assembledon Thursday to hear the arguments on the 

 writs of error in the case of the Queen v. O'Connell and others. 

 The following: counsel appeared on behalf of the plaintiffs in 

 error: Sir T. Wilde, Mr. Hill, Q.C. ; Mr. F. Kelly, Q.C. ; Mr. 

 Peacock. Mr. J. W. Smith, Mr. Lahee, Mr. Close, Sir C. 

 O'Loghlan, Mr. Crampton, and Mr. Serjeant Murphy. Coun- 

 sel for the Crown : The Attornry. General, the Solicitor- 

 General, the Attorney-General for Ireland, and Mr. Wadding- 

 ton. LordDenman, Chief Justice Tindal, Barons Parke, Alder- 

 son, Gurney; Ju es Pattes on, Coltman, Williams, and 

 Maulc, were the Judges present. All the Law Lords were pre- 

 sent except Lord Lang-dale. Sir T. Wilde stated, that in order 

 to economise time, counsel had agreed that they would.not fill 

 address their Lordships on the same points. He would him- 

 self, with Mr. Peacock, address the House for Mr. O'Connell, 

 and be followed by Mr. Hill for Mr. Steele, and Mr. Kelly for 

 the others. The Lord Chancellor informed counsel that the cir- 

 cuits are fixed, and the learned Judges must go next Wednes- 

 day ; and if the arguments be not completed before that time, 

 it will be impossible to finish the case during the present ses- 

 sion. Sir T.Wilde said they would bear that in mind ; and as 

 far as was consistent with their duty, they would condense 

 their arguments as much as possible. After some further dis- 

 cussion between their Lordships and the Attorney-General on 

 the right of the appellants to three replies, which was decided 

 in favour of the latter, Sir T. Wilde opened the case. It is im- 

 possible within our limis to gk-e any kind of abstract of his 

 speech, which travelled < vcr all the points so frequently raised 

 during the trials, and dwelt particularly on the form of the in- 

 dictment. At the close of his addres?, the House adjourned.— 

 The House assembled aca n yesterday at an early hour, and Mr. 

 Peacock addressed their Lordships at great length on behalf of 

 Mr. O'Connell. Mr. Hill followed on behalf of Mr. Steele, and 

 not having concluded his arguments at 5 o'clock, the Lord 

 Chancellor said that public business made it necessary to ad- 



known by the name of the Patos Parras and Bonansa estates, for 

 the sum of 200,000/. sterling, and that Kinder and Staples paid 

 the sum of 40,000/. in part of the purchase- money, and that Kinder, 

 Staples, and the defendants were thereupon let into the possession 

 of the estates; that the defendants, then intending to defraud, 

 oppress, and impoverish Kinder and Staples, and to deprive them 

 of the benefit of the said contract, and to obstruct and prevent the 

 due course of law and justice, did conspire and confederate to bribe 

 and corrupt certain members of the Congress of Mexico belonging 

 to the House of Deputies of that country, to induce the said depu- 

 ties to cause and procure to be passed a law which should have the 

 effect of avoiding and setting aside the said purchase and contract, 

 by enacting that aliens were incapable of purchasing real estates 

 in that country ; and that a sum of 2200/. sterling was given by 

 the defendants to the said deputies in consideration of their voting 

 in favour of the law. Succeeding counts in the indictment made 

 some variation in the mode of expressing the charge ; 3nd the de- 

 fendants pleaded "Not guilty" to the whtli. Mr. Erie (with 

 whom were Mr. Cockburn, Mr. Crompton, and Mr. Bodkin) then 

 proceeded to state the facts of the case. As his address consisted 

 altogether in a very detailed exposition of the circumstances ne- 

 cessary to compose the bulk of the charge, we are unable to find 

 room for any detailed report of the speech or evidence, more par- 

 ticularly as the facts are stated by Lord Denman in the following 

 summing up. The defendants refused to give any evidenoe on 

 their side, but pleaded not guilty. Lord Denman then proceeded 

 to sum up the case to the jury. Having stated the general nature 

 of the charge, and the purposes for which the defendants were 

 said to have entered into the conspiracy, his Lordship adverted to 

 the purpose imputed, of bringing ruin upon Mr. Kinder. His 

 Lordship, in reference to this part of the case, thought it material 

 to refer to the fact that the Messrs Baring had allowed Mr. Kinder 

 to remain 16,000/. in their debt. With regard to the purchase of 

 the estate in question, it was probable that Mr. Alexander Baring 

 (Lord Ashburton) was of opinion that Kinder would be as well 

 pleased to get rid of his bargain as the Messrs. Baring themselves. 

 No notice, however, was given to him of the steps which were taken 

 for that purpose, and it was to be regretted that Lord Ashburton had 

 | not fully communicated his proceedings to Mr. Kinder, from whom 

 it was difficult to understand why they should be concealed, as it was 

 to be presumed that his wishes were the same as those of Lord Ash- 

 burton upon the subject. With regard t6 the present charge, it de- 

 pended entirely upon the construction which the jury would be dis- 

 posed to give to that part of the correspondence which passed be- 

 tween Messrs. Baring and Messrs. Nolte. Before the jury could find 

 that the charge was established, they must find that the three 

 eminent persons who were defendants in the indictment enter- 

 tained in common the purposes which were imputed to them, and 

 that they had acted together for the attainment of those purposes. 

 In order to justify such a finding, it would not be sufficient to be 

 convinced that Messrs. Baring had eager wishes for the termina- 

 tion of their contract, or that they had with an imprudent con- 

 fidence invested their agents with certain powers, blindly disre- 

 garding the manner in which those powers would be used. It 

 would be necessary to go farther than that, and to be convinced 

 that the bribery committed by the agents in Mexico was the result 

 of a conspiracy formed between the defendants in London. His 

 Lordship then proceeded to go minutely through the whole of the 

 documents given in evidence; and with regard to a particular 

 part of the bill in Chancery, charging defendants with having 

 directed the bribe ry, his Lordship observed that the answer to it 

 in the answer to the bill was not very direct or satisfactory. With 

 regard to this point, the question was, whether before the act of 

 the Mexican legislature, and with a view to its being passed, Mr. 

 Baring had authorised his agents in Mexico to administer brihes 

 to the members of the House of Assembly in that country. If the 

 jury were of opinion that Mr. Alexander Baring had so done, they 

 would then consider how far Mr. Francis Baring and Mr. Mildmay 

 were united with him in that scheme. If the jury were of opinion 

 that all three had a common purpose, they would inquire whether 

 the defendants contemplated, as the result of the conspiracy, that 

 they would be able to get rid of the purchase, and whether they 

 were determined to secure the attainment of that object without 

 any reference to the effect -which it might have upon the interests 

 of Mr. Kinder. If they decided this proposition in the affirmative, 

 they would say next whether it did or did not appear from the 

 correspondence between Messrs. Baring and their agents, as well 

 as from the charge and denial of that fact in the bill and answer, 

 that the means whereby the act of the Mexican Legislature was 

 to be procured was through the administration of hribes to the 

 members by the agents of Messrs. Baring, acting with the 

 authority of their principals. These were the questions which he 

 thought it proper to submit to the jury, and which, from the im- 

 portance of the case and of the parties, required the most serious 

 consideration. The jury, after an absence of about an hour and 

 quarter, returned a verdict of Not guilty. 



Arches Court.— The Office of the 'judge Promoted by Titch- 

 marsh y. Chapman.— Sir H. Jenner Fust gave judgment on the 

 admission of an allegation in this case, which was a proceeding 

 in the form of articles under the Church Discipline Act against 

 the Rev. Herbert Chapman, vicar of Basingbourne, Essex, for 

 refusing to bury the body of a child named Jane Rumbold , the 

 daughter of parents belonging to the sect known as Independ- 

 ents : and the present allegation assigned the grounds upon 

 which the reverend defendant had so refused. The case has 

 been already reported, and it will be remembered that the main 

 points on which the defence rests, are that the child had been 



journ to this day at 10 o'clock. baptised by a minister belonging to the sect of Independents"- 



Covrt or Exchfqver.— Mood v. Peel.— The Derby case.— that that baptism is an heretical baptism, affording none of the 



This cause, which has excited such interest in sporting circles, 

 came before Baron Alderson and a special jury on Monday. The 

 Court was crowded to excess. Several witnesses were examined, 

 the main point being to ascertain whether the horse was of the 

 age represented, and whether his identity could be established. 

 On Tuesday counsel for plaintiff stated that, in obedience 

 to the Judge's suggestion, they had ordered thehorse. Running 

 Rein, to be brought for the inspection of the Court, but he had 

 been removed from the stables nobody knew where. Counsel 

 disavowed all knowledge of this fraud on the part of Mr. Wood; 

 but being unable to proceed further without the horse, he was 

 compelled to withdraw from the inquiry. He therefore sub- 

 mitted to a verdict for defendant, but he could not do so with- 

 out expressing, on behalf of Mr. Wood, that gentleman's asser- 

 tion that he had not had an} part in the fraud, of which he 

 had been indeed the victim.— Mr. Baron Alderson : I dare say; 

 there is nothin g to show the contrary ; he bought the horse with 

 bis engagements.— Mr. Cockburn : Yes, he did so, and at a 

 time when he had every reason for believing that he was what 

 ne was represented to be, as he had just undergone the ordeal 

 Sfnnw » q ? lr L a . t ^wmarket. He therefore trusted that it 



Tn hi Thl°„ to M he Wor,d tbat Mr - Wood ' whom ,ie believed 

 nol,SZ able "«n.^M not a party to these practices. 



W ?r,?.,rr f«p J ^l ?* ^ ° nl * DOW t0 «>"*«* t0 the 



inn^»?H TrnflPm« iW°\ the d «'«dant.-Mr. B«r<>n Alder- 

 son said, Gentlemen of the Jury, you have onlv to return a vor 



diet for the defendant, the plaintiff, as you £av heard deVlin 



ing to contest the question any further/ There is, therefor^ !« 



end of he case • but before we part, I might be ailowed to say 



that it has produced great rcpret and disgust in my mind It 



has disclosed a wretched fraud, and has shown noblemen and 



gentlemen of rank associating and betting with men of low 



rank, and infinitely below them in society. In so doing thev 



have found themselves cheated and made the dupes o'f the 



grossest frauds. They may depend upon it that it will always 



be so when gentlemen associate and bet with blackguards. 'Jhe 



jury then found a verdict for the defendant. 



Court of Queen's Bench. — The Queen, on the Prosecution of 

 Thomas Kinder, against Lord Ashburton, the Hon. Francis liar. 

 ing, and Humphrey St. John Mildmay.— M r. Bodkin stated that 

 the prosecutor, the defendants, and one Robert Ponsonby Staples, 

 agreed in September, 1825, to purchase in Mexico, certain lands 



privileges of a valid baptism— that burial in the churchyard of 

 the parish is one of those privileges to which, therefore, this 

 child was not entitled; and besides this, that the parties pro- 

 motir.gthe pr nt proceedings deny that theChurch of England 

 is a true and apostolic Church, and are, consequently, by the 

 canons of that Church excommunicate, and not able to promote 

 the office of the Judge against a member of the Church. These 

 grounds of defence are set forth in the articles of the allegation 

 now offered for admission, through which the learned judge 

 travelled with great minuteness. He considered that these 

 articles did not contain any sufficient answer to the charge 

 brought against the reverend defendant. As to the heretical 

 baptism pleaded, the question was, whether the baptism per- 

 formed upon this child was or was not a valid baptism, and the 

 Court was unable to distinguish the present case from that of 

 Martin v. Escott, m which the Privy Council had held that the 

 baptism performed by a Dissenting minister was valid. As to 

 the objection which was founded upon the incompetency of the 

 present parties to promote the office of the judge, it could not 

 be upheld. By the 53d of Geo. III., c. 12/, " no civil penalties 

 or incapacity whatever" now attached to excommunication, 

 and an inability to set into motion the Ecclesiastical Court would 

 be a civil penalty But were these parties exc mmunicate? 

 They might think the Church of England not the true and 

 apostolic Church, but Lin wood and other civil law authorities 

 all held that excommunication, even ipso facto, required a de- 

 claratory sentence, and here no sentence of excommunicato 

 had passed. It would be of no benefit to the parties to admit 

 any parr of the allegation; and the Court would consequently 

 order it to he rejected. 



Police.— The Poisoning Case at Stepne,/.— On Saturday Mr. 

 Belaney ws irought up on remand before Mr. Broderip, at the 

 Thames Police-office, charged on picion with having caused 

 the death of Ms wife, by administering to her prussic acid, on 

 Saturday, the 8th ult., at their lodging in Green-street, Stepnej 

 The interest excited was intense, and a great number of Mr. 

 Belaney*s friends were present in the court. Mr. Haywaid, 

 from the office of Mr. Maule, solicitor to the Treasury, addressed 

 the magistrate, and said that it was only on the previous day he 

 had been instructed by the Government to prosecute in this 

 ca^e. He therefore lad time merely to glance over the length- 

 ened depositions, and as the sessions would commence on 



Monday, it would be utterly impossible for him to eeTx^ IT 

 properly up within that short period. He there or! L e *** 

 that the prisoner might be remanded for a few davs ™ T?** 1 

 trial might not take place until the session co^encfn ** 

 August.-Mr. Broderip, addressing Mr. Clarkson ask? f IS .l m 

 he had any objection to that counfe ?- M r. Cla^o^f^^ 

 having any objection, most heartily concurred in the n^f °? 

 Indeed, had it not been made, he should himself have Sr2£S 

 a similar request on the part of the unfortunate eentu»m2^ 

 the bar. He was gratified, on the part of his chen 52°.? 

 case had been taken up by the Solicitor to the Trea«urv - tn k 

 was satisfied that the prosecution would be carried on in •» • 

 and candid spirit. The time which would elapse between tr 

 and the August session would allow a fair opnortunitv r 

 getting the case properly up, both as regarded the prosecJtE 

 and the defence. Every fact which could possibly be hrnnLJI 

 against the prisoner, could be elicited, whilst at the same?,?* 

 his friends and advisers would have an opportunity of mLv- 

 the charge, and of proving his entire innocence of the rVil? 

 imputed to him. They all believed him perfectly innocent 

 the crime laid to his charge, and of which he would unrfVrt.w 

 to say no jury in the world would find him guilty.-M r RrS 

 rip said, that was a question which only a jury could deV^ 

 As to the application for delay he thought it well founded in* 

 was happy to find that no opposition had been offered fn . 

 serious a case, involving as it did other inquiries, justice cnnM 

 not satisfactorily be done if the proceedings were hurried on £ 

 the sessions commencing on Monday next, as no proDertim. 

 would be allowed for a due preparation of the briefs. Insoccin, 

 Haynes was then bound over to prosecute, and the witiiei.ei 

 entered into recognizances to appear at the August session. 



SPORTING. 



The Late Dkrbv.— Running Rein Case.— The noblemen and 

 gentlemen of the Jockey Club, several proprietors of race-horse*, 

 and others interested in the honour and prosperity of the turf in 

 tend to present Lord Geo. Bentinck with a piece of plate, to mark 

 their sense of the immense service he has rendered to the racing 

 community, by detecting and defeating the attempt at fraud ex- 

 posed in the late trial in the Court of Exchequer. The subscrip- 

 tion is to be confined to 251., and from the number of names 

 already down at Messrs. Weatherby's, comprising some of the 

 highest on the turf, it will no doubt be a very large one. 



BIRTHS.— 29th ult., at 39, Grosvenor-place, LAnrLTTTEi- 

 ton, of a son— 29th ult., at Warborne, Hants, the lady of J. R. 

 Carnac, Esq., of a daughter— 29th ult., in York-street, Port- 

 man-square, the lady of J. Farrell, Esq., of a daughter. 



DIED.— 11th ult., at the Vicarage, Hatfield, Broadoak, Essex, 

 Mary Jane Hall, only daughter of the Rev. T. F. Hall, aged 

 4 years ; also, on the 29th ult., Robert I. Hall, the eldest son 

 of the above-named gentleman, aged 6 years, grand-children of 

 Sir R. Affleck, Bart., Dalham-hall, county of Suffolk— 22d ult., 

 in London, after many months of suffering, W. Simpson, Esq.. 

 of Brook-house, Cambridge— 23d ult., at the residence of R.J. 

 Peel, Esq., Burton-on-Trent, J. Peel, Esq., of Knowlemere, in 

 the county of York— 24th inst., at Belmont-piace, Wands- 

 worth-road, Mary Ann Palmer, the beloved wife of Henry B. 

 Palmer, woolstapler, Bermondsey— 26th inst., in Portman- 

 square, C. Morris, Esq,, aged /6-26th ult., at Woodford, 

 Essex, Eliz. Mallard, wife of Peter Mallard, jun., Esq., of 

 Woodford, and youngest daughter of the Rev. T. Bourdillon, 

 vicar of Fenstanton, Hunts. 



WANT PLACES. — All Letter s to be post-paid. 



JAMES ROBERTS (Author of "A Comprehensive 

 View, or a New Era in the Culture of the Vine under 

 Glass"), being yet disengaged permanently, begs to say— from 

 the many letters he has received from Gentlemen Amateurs on 

 the Culture of the Vine, as to their failure and only partial 

 fruitfulness, which tends to create great disappointment in the 

 culture of this delicious fruit-that at present he is at liberty to 

 wait upon any one professionally at a reasonable charge, *nen, 

 from inspection and improved points of culture, they will be 

 enabled to produce regular uniform crops of this long-neglected 

 but most generous of all Exotic Fruits, the result of the general 

 failure of which is a total misapplication of its unlimited powers. 

 —All Letters addressed Hampsthwaite, near Harrogate, York- 

 shire, shall be duly atten ded to.— July 1, 1844. , 



A 8 GARDENER, or as FOREMAN and PROPA- 



-£*l GATOR in the Houses of a Nursery.— A steady, active 

 young Man, who understands the growing of Grapes. , nnes, 

 and Early Forcing.-Direct to CM., 11, Cumberland Market, 

 Regent's Park. — 



S HEAD GARDENER.— Mr. G. MiiIsTGar- 



dener, Gunnersbury Pa.k, Acton, Middlesc ^'*,* ma ° 

 recon.mend a single young Man to any Nobleman or Gentleman 

 in want of a competent and trustworthy servant in neaou 

 capacity. He is 27 years of age, and has served him two jea 

 in the above establishment. Wages expected, tot. P er J v » 

 with house, coals, vegetables, &c. 



AS GARDENER.-A Single Man, aged 34, , who 



-A. perfectly understands his business in all its °™™\ 

 the Vinery, and all kinds of Forcing, Fruit, Kitchen and Tleasu 

 garden. Can be highly recommended by the gentleman ne ^ 

 just left, where he lived upwards of nine years. rf 

 objection to live in the house or out. Direct A. v., "» 

 Mr. King, Nurseryman, Finchley. 



S GARDENER.— A young Man, aged 2j I, who .has 



*-«. a thorough practical knowledge of his b u ? in p e * 5 JL n * ti n y . 

 branches, and whose character will bear the 'Strictest scr ^ 

 Direct to William Thomson, Gardener to George v> ^ 

 M.P., Wrotham P.rk, Barnet, whom the Advertiser has 



A 



as Foreman for six years. 



sober, active 



A 8 GARDENER. — A respectable, ;?ber, 

 young Man, aged 24, who understands the Managenie 

 the Kitchen and Flower Garden, Plant, Stove and ^ reenn have a 

 also the Forcing of Grapes, Cucumbers, and M elons- u ^ ^ 

 good character from the situation he now holds. JNo pw t _ _ 

 accepted where only one house requires to be atten 

 Direct M. M., Mldie and Sons, News-agents, 15, Covenirj 

 1 1. iy market, London. 



— 



[eral 



A 



TO .NURSERYMEN ASD SEEDSMEN. _-, 



S SHOPMAN.— A young Man who has * F r 



knowledge of the Seed business having b eei n 1 timC# 



the principal Seed houses in London for aeons ra* e 

 Satisfactory references can be given as to character an « 

 Direct to A. B., at Messrs. Henderson's, Pine-apple-place, 

 ware-rond, London. "T^.. 



married Man, without encuffl 



AS BAILIFF.— A marnea soma, w Vl"T" H is wife 

 brance, who understands Farming and StocK. AfC 



can take charge of the Dairy and Poultry, if J|* u £ od c ha- 

 willing to make themselves usefu and can have E , 



racter from their employer.— Direct to J. I. f Mr. *>•« 

 I ; xeter-street. Lisson-grovc. Marylebone. . — 



"U^lvliddle.aged Man, who has been engag ed m ^ 



A NURSERY and SEED TRADE is desirous t° ^^ess 

 a Situation of trust and responsibility. He is llnf a 



habits, a good salesman and penman. Any one §tt isfac- 

 person wifh a good knowledge of the Trade , can ^edsrnan, 

 tory reference, by applying to Mr W.^ »«"«« ^th conri- 

 Knightsbridge, who can recommend the Ad-ernst 6# 



dence.-Direct to Mr. W. Beale, Swaffham, Norfolk. 



