Sept. 7,] 



THE NEWSPAPER. 



upon what should form tin* jury 

 " No ; not that, but this (the noble 



hit argument by dividing a sheet or paper ... „,, 



the list." The noble and learned Lord on the woolsack said the 

 challenge was not the proper remedy for the defect ; but he did 

 not state what was the proper remedy if that were not. He 

 (Lord Denman) considered that it was, and until he saw that 

 ancient security for a fair trial repealed by Act of Parlia- 

 menr, he should consider that it still existed. He was there- 

 fore of opinion that the challenge ought to have been al- 

 lowed, and that the trial had erroneously proceeded. He did 

 not entirely agree with his learned brethren that there were 

 only two objectionable counts ; he believed there were others: 

 and the question was, Whether, under the circumstances, the 

 sentence was properly awarded ? The noble and learned Lord 

 on the woolsack said it must be assumed that the judgment was 

 awarded upon those counts that were good ; but here there was 

 a difference between the Judges of England and of Ireland, for 

 the latter held that the 6th and "th were unexceptionable, 

 "whilst the former were unanimously of a contrary opinion. 

 How, then, could it be said that the sentence awarded in a 

 Court where certain counts were considered good, was pro- 

 nounced upon those that were good, when some of such counts 

 were held in the House of Lords to be defective? His surprise 

 at the objection being taken had changed to surprise at what 

 was stated to be the law. In his opinion the law was not as it 

 had been laid down by the majority of the Judges. He could 

 state from his own experience that it was not the universal 

 practice that a judgment was given generally upon all the counts 

 of an Indictment, and the difficulty might be obviated by the 

 Court stating upon what counts their judgment was awarded. 

 It was said that the objection was only technical, but he thought 

 that great injustice might be done, as a criminal charge against 

 a party ought to be clear and distinct. In the several cases 

 which had been referred to, the offences charged in the various 

 counts of the indictments were in effect the same, and the objec- 

 tion, therefore, would not have applied to them. Judgment, 

 then, having been pronounced upon an indictment generally, 

 parts of which indictment were now held to be bad, it could not, 

 in his opinion, be affirmed by their Lordships. It was not sup- 

 ported by the reasoning and arguments that had been adduced, 

 and he should therefore oppose the motion.— Lord Cottbvii a.m 

 said, that after the fullest consideration he had come to the con- 

 clusion that the opinion expressed by the majority of the learned 

 Judges was wrong. He had formed his opinion early in the argu- 

 ment, and had heard no reasonsince given whyheshouldchange 

 it. The noble and learned Lord examined at length the various 

 cases upon the point of the indictment containing some defec- 

 tive counts, and expressed his opinion that on that ground the 

 judgment, having been pronounced upon the indictment 

 generally, was erroneous.— Lord Campbell, after stating his 

 opinion that the indictment contained some good counts, that 

 the plea in abatement was bad, and the continuance of the 

 trial legal, addressed himself to the question of the challenge 

 to the array. The parties ought not to have been tried by a 

 jury struck from the defective list, but on the challenge, the 

 panel ought to have been quashed. On that point, however, 

 after the opinion of the learned Judges, he should have hardly 

 felt Justified in voting for a reversal of the judgment} but agree- 

 ing with Mr. Justice Coltman and Mr. Baron Parke in their 

 opinion on the point of the judgment having been given gene- 

 rally upon the indictment, notwithstanding the defective 

 counts, he thought that the judgment could not be sustained. 

 The noble and learned Lord concluded by moving that the 

 judgment be reversed. —The Lord Chancki.lor then put the 

 question, " Is it your Lordships* pleasure that this judgment 

 be reversed ."'-Lord Dknma.v, Lord Cottbnham, and Lord 



dirti- 

 circular 



... r , , , ^wndently 



of the other, and of course, in turning on the headland, no drag- 

 ging motion was produced. Another advantage was that the new 

 machine did not clog like the old. The disks revolving at unequal 

 speed, according to the obstruction they met with in passing over 

 the surface, any clods which might get fixed between them were 

 soon removed by the mere motion of the machine. The second 

 improvement in the patent taken out by the plaintiff was in the 

 position of the lateral teeth. In the old machine these teeth, being 

 placed in the direction of the radius of the disk, the result was, 

 that as the edge of the disk always sunk some way into the ground, 

 these lateral teeth met the clod sideways rather than with the 

 edge, and tended to press it into the earth instead of breaking it. 

 By placing these teeth, not in the line of the radius, but at a 

 certain angle with it, it was found that when the edge ef the disk 

 sunk into the soil, the edge of the teeth met the clods perpendicu- 

 larly, and the operation was much more completely performed. 

 The patent was taken out in September, 1841 . Mr. J. A. Ransorae, 

 agricultural implement manufacturer, Mr. Josiah Parkes, a mem- 

 ber of the Royal Agricultural Society, and other parties, were 

 examined to show the usefulness and novelty of the improvements 

 in the machine of the plaintiff. It appeared, also, from the testi- 

 mony of several parties who had been in the employment of 

 defendant at his works at Louth, in Lincolnshire, that subse- 

 quently to the date of the patent, he had made and sold several 

 clod-crushers, in which the principle of the plaintiff's machine, so 

 far as the revolving disks were concerned, had been pirated. In 

 his clod-crushers the axis was square in the middle, and the disks 

 at that part were fixed to it, but at each end six or seven were 

 moveable, the axis at that part being circular. Mr. Watson, for 

 the defendant, stated that he would adduce evidence to show that 

 the invention claimed by the plaintiff was not new, and called a 

 number of witnesses for that purpose. Several of these were farm 

 servants, employed on a farm belonging to defendant, who stated 

 that in the spring of 1841 a clod-crusher made at the defendant's 

 works was in use on the farm. It was of superior construction, 

 and they observed that it did not tear up the headland in turning. 

 When it became clogged, which from the soil being soft and full of 

 grass it sometimes did, it was cleaned by placing it on the road 

 which ran beside the headland at a higher level, with the end pro- 

 jecting over, clear of the ground, and then each of the six disks 

 from each end revolved, it was found, independently of the others. 

 Some other persons in the employment of defendant, at his works, 

 stated that several such machines had been made previous to the 

 date of the patent, but they could not mention any party to whom 

 they had been sold. Mr. Booth, an engineer at York, stated that 

 in 1824 he was carrying on business at Malton, and that he made 

 a clod-crusher for a Mr. Johnson on the old principle with the 

 square axle. On going to see it work the objection to its mode of 

 turning on the headland was at once apparent, and he had the axle 

 made round at each end, and disks with circular holes made to 

 run upon it. It was, however, badly made, and did not answer. 

 The bosses on the disks at the centre were not made large enough, 

 and the side teeth interfered. The principle, however, was pre- 

 cisely the same with that claimed by the plaintiff. One of these 

 castings, with a hole for a square axis, however, was produced. 

 The witness said that* he had none with circular holes ; such of 

 those as remained at the works had been broken up. He further 

 stated, on cross-examination, that in 1839 and 1840 he made a 

 model of a similar machine, which he sold to a person of the name 

 of Walker, against whom also the plaintiff was about to bring an 

 action, but who finally gave in to the plaintiff's claim. This model 

 he said was at Malton, but was not produced. Mr. Jacob Brosker, 

 residing in Derbyshire, was called to show that in 1830he invented 

 a machine for cutting land and breaking clods, in which a number 

 of disks revolved independently of each other on a circular spindle. 



daughter— 2d inst., at Southampton th- i— ~~ -— 



phevs, Esq., of a son-2d TnT at ! HiVhh 7 ° f . W ' C He? 

 Betts, of a daughter-2d inst ^ KTdH UrT - pUce ' * « W 

 Mrs . Clacohtov, of a daughter-ad > l dd f m ™«'. *• ^£ 

 Bedford square, Mrs. J. Ela.m, of adapter ^ Wlott « «5l 

 wich, the lady of Major Stravsham of a aSi"£ii?** w *•£ 



MARRIAGES.-On the22d alt it St I, L^ n d »°«» 

 Westminster. ii_ w Ur,,„ ",;'' .. St< John the EvaRwZl 



? ew :?H..« 



Walcot-place,Kennington-2;th ult a t Sip I" DeW ' 

 Stirling. Capt. C T. Hi ll, of 'the 29th r£ £.2°°^ . 

 Emma H. Rlssbll, eldest daughter of « P* » T? Arm 7. 

 of the Madras Civil Service-?; h ult at^T'^- 1 



Dy 



E 



,M 

 . R 



Church, R.J. Barrow," E"s"q:, oY ll^y.^jK^?^ 

 to Sarah Kbvs, third and youngest daughter if th tt . h ? 

 C. Keys, of the East India Compan, •• i BomblV M^h Ut€ C 

 Providence-place, Ramsgate-29th ult aT iK ;L r,ne ' M 

 Stephen's, Coleman-street, W £ wVmvl* ?""* « *. 

 Waddington. Esq., of London Wall g JSTfiiSJ?! « *■ 

 ofthelateW. Melton, Esq. '""Mtiio^^ 



DIED.— Recently, suddenly, S. Maxwei r Fsn ™« 

 of the late Rev. P. Maxwell, of Alme7 Re c \or? ,, aa3 B CS? 

 ult., A. Little, Esq., of Shabden Park! a°ed ' £ *,2r** 

 deeDlv regretted hv h P r fri an .,c u . „ *• *& ea 8*-l6tli ak» 



and of 



aged 91 This gentleman was 'created a taS^JffiS fe 



old by George II on account of hi £&£?*%»£• 

 Watson) services who died of a fever at Calcutta wh dsUn^ 1 * 

 mand of the naval forces in India-26th ult a?S ? 



Ylanta T ionton^nf n i r .. „ ULU Cl > at *«rtOO I 



»V ? v^Vi S "Content."— Lord Brougham, and one or two «• «»»«*o «»«.« luuci^uucuiij oi eacn oiner on a circular spindle 

 other Noble Lords, said 44 Non-content."— The House was then 1" this instrument, however, thedisksconsisted merely of acollar 

 aboutto divide, when Lord Wm a n x f r-.,»o» —* MM « M t,.. u i •*»**..« surrounding the spindle, with a number of long teeth projecting 



eight or ten inches, and could not be employed for the same pur° 

 poses as the clod- crusher which the plaintiff claimed to have in- 

 vented. ^ At the close of the case for the defence, the court adjourned 



about to divide, when Lord Wiiarnclifpr. who remained sitting 

 and covered, said that he must suggest to the House the in- 

 convenience which would arise upon dividing on a subject of 

 this kind. In point of fact they were now sitting as a Court of 

 Appeal, and if noble Lords who were unlearned in the law in- 

 terfered, he very much feared that the authority of the House 

 as a Court of Justice would be very seriously affected. He 

 therefore humbly recommended such of their Lordships as had 

 not heard the whole case— and who, in fact, were not qualified 

 to pass a judgment— to abstain from voting on the present occa- 

 sion. It was from the fear that the character of the House as a 

 Court of Appeal, and as a Court of Law, might be injured, that, 

 even though their opinion might be contrary to the opinions of 

 the Judges, and though it might possibly in this one instance 

 produce inconvenience, he said that it was much better for them 

 to concur with a majority of the Law Lords, who, by their 

 station and education, were most fitted to decide such questions 

 as these.— Lord Brougham said that he entirely concurred in 

 the opinion of the majority of the Judges in Ireland and Eng- 

 land. But he also agreed with the Noble Lord who had just 

 spoken, that it was more advisable that those of their Lordships 



£mL^ £ 01 a * a - r<1 the ca3e should not vote - He deeply 

 lamented the division to which the House would come : but he 



S°?Ji "r ? Y **Z f that when he di ffered from the majority 

 iLu h h 5 e 1 ° n the <i uesti °n of Presbyterian marriages in 

 itoiin /"i 8 ?. Up0n the authority of that great Judge Lord 

 Nnwp p^S Camfbill said that he had voted with his 

 Noble Friend on the quest.on of Presbyterian marriages, and 

 for the same reason. In that case he opposed the opinion of 

 a majority of the Judges, because he believed that their opi- 

 nion was contrary to law ; and he did the same In the present 



Ca f C \ ^ ! 5u ™ s P ect ., to what had been said by the Lord Pre- 

 sident of the Council, the distinction between Law Lords and 

 Lay Lords was not known to the House or to the Constitution, 

 but it was the rule of all Courts that no Judge should decide a 

 caseat the hearing of which he had not been present.— The 

 ±.arl of Effingham was understood to say that as he had paid 

 great attention to the case, he considered that he had a right 

 to vote.— The Marquis of Claxricarue said, ** If any Noble Lord 

 not learned in the law votes on this question, as a matter of 

 privilege I shall think it my duty to vote also. I should be 

 sorry to be reduced to the necessity, for I think that it would 

 ne one of the most calamitous events for this House and the 

 yXn 3 ! could occur."— The Earl of Verulam— " My Lords, 



di£f,«S V 5 th v e M House ' as I have not heard the whole of the 

 discussion.-'-AU the Noble Lords not Law Lords then went to 



Sthl'u ° nt of the throne - whicn is not considered to be 

 " I "it vonr ?«Ti' a "? the Lord Chancellor put the question, 

 — Lorda n. Ci P ^ Pleasure that this judgment be reversed ?" 



"Content *and V i^ T n BNHAM » and Campbell having said 



CHAxc EL LoR to S aid—^ R OL J GHAM " Not Coutent," the Lord 

 is Revbr Sed .» K Jldom * ! ' t ^ the Court below 



patent. The plaintiff, %rho carrJ, L? ' or . the ^""Semenl of a 

 Yorkshire, had^ta PP ea7ed tak en out b ? sme / s at Beverley, in 

 rnents in an agricul^K 



old machine for this purpose consisted nf I « ^^Mher. The 



with deep notches round^he edge Sl?hK. ber,rf ? e,aldi8k, » 



20, being fastened parallel to eSh other Jn^n""™^' ? f I9 ° r 



placed in a frame to be drawn by a horse ov« tWi « aX1S ' W " e 



axis, of course, revolvingas the horse pr"ee5ed th, J d \ a ? d the 



coming in contact with the clods, crushed and % Joke th™*" 1 ed F* 



passed To assist the operation of the mach S £Z™?*. th % 



were placed at the angle of each notch, projecting 7ro£ th?*^ 



the disk the edges of which were in the direction of he md ' LfM° f 



disk itself. This instrument the plaintiff found to ff im«er f ^ e 



two respects The disks being fastened on a square ax "and a i ol 



course, revolving together in one mass, the result wa , ,£!' ■! 



turning the machine at the head of the field, a dragging took n la -e 



at each end, by which the young crops, when such V«e befnj 



at six o'clock until Monday, when plaintiff's counsel replied, and 

 the jury returned a verdict for the plaintiff, with nominal damages 

 to the amount of 40s. b 



for some months 

 to M. Laurent, 



8|t*ttfub. 



Covent Garden. — After being 

 unocupied, this theatre has been let 

 who is well known in this country, from his con- 

 nexion with various theatrical speculations. It is his 

 intention to commence early in October with promenade 

 concerts, and at Christmas to try dramatic performances 

 and a pantomime. In 1828 M. Laurent was lessee of 

 the Italian Opera House in Paris, at which time he en- 

 gaged an English company, among the members of which 

 were Kean, Charles Kemble, Liston, and Macready. 

 Subsequently, he became the manager of our Italian 

 Opera, in association with Mr. Laporte. More recently 

 he established promenade concerts in this country. In 

 the present state of theatricals, it is something to notice 

 any effort that may tend to give the unemployed dra- 

 matic talent a chance of profitable employment. 



Surrey. — Since the recent examination of the 

 extraordinary house in West-street, Smithfield, and the 

 disclosures made relative to the purpose for which it was 

 used Mr. Leman Rede, the dramatist, has been engaged 

 by the lessee to write a piece for this theatre, under the 

 title of The Old House in West-street, or London in the 

 Last Lentury, in which many characters are brought on 

 the stage representing those grades of society which are 

 supposed to have inhabited the houses of that neighbour- 

 nood. The play was submitted for examination, and ar- 

 rangements were made for its production a few nights 

 rTv'J* ^ Ir % David 6 e ' the lessee of the theatrefre- 

 Jhir »1 ! U - • fr ° m the Lord Cha ^berlain to the effect 



form 5 ^t^ '? lU present sha P e > could n °t be per- 

 hm? .; i & J Wa f conse q ,j ently withdrawn from the 



™S? I l ubs l titUted ' Ifc is stat *d that the 



iZTLX n w j!J c V he Performance was suspended 



Zlrl'tt a i he i° Cality from which the incidents 



7hZ fw ^ w "' a K nd f the graved habits of the characters 



-«. f J \h !f a ° re ^ audience ' it8 S««al ^dency 

 would be to deprave the public taste. 



BIRTHS. — On the 27th ult ut tww.» „ 



Teionmoutii, of a son-30th " at SwaH^/p^ 11 ^ \t ^ 

 Mrs. CouLso^ofaaon-aothult M? v w *J T**' th ° H T 



tt ir of E j q a fesr^ uit - at c ° fc^h s ?&£ 



^Vi^lVnlTha^ 



-31st ult. at Hampstead, Mrs. J. G. Hoare of a soni'aistuTt 

 at Laura-place, Clapton, Mrs. F. H. BowA «J J . °° ?J\»tl 

 in Mortimer-st., Mrs. F. Bmh.lv ot VZdgtter™* nst n 

 Devonshire-square, Mis. D. DaaLivo, of a son-2dinst at the 

 Lawn, South Lambeth, the lady of P. 'j? Muoaxs? Esq , of a 



residence, Manor-house, East Ham, Essex, W s !!i • i2* 

 son-in-law of the celebrated Mrs. Fry. ascd % MiJ* 

 the 3d inst., Emma E. Frv, eldest dauber of h.^° B 



rn S * M y * \ SG i H - 29th Ult " at WUrnoUplacV K?%Z 

 Town Mr. A. Pattiso*, late of Comh.ll l 3 oth alt ^ 



A. La t argue Esq., of Husbands Bosworth, Utct 

 shire, Deputy Lieutenant and senior magistrate T& 



K^ Un V y ' alsoforma "y years magistrate for the . countr^f 

 Northampton, aged 75-30th ult., at Tunbridee Welii *hL * 

 short illness, J. H. Tornley, only son of H T^rnlev Fsn f I 

 Bishopsgatc-street, aged 21-30th ult., a Querns cv sSJll? 

 SrnjLiNo. the wife of Major Stirling, oVtheBSmK7Ar«"a^ 

 of Clifton House, Exeter, aged 38-30th ult., at BtckenhSJ 

 Kent, H. Cracklow, Esq., aged 84-30th ult.. RoskttaSt.imZ 



,5 C °;nihSF ht -?S- S - S ^ ebel ' E . 8 ^of39, Rus.ell.square..S 

 17— 30th ult., at his residence in Tavistock-place P Bult 



E , Sq ^n^ R '?" Pre f i dent of th « Royal Astronomical Society, arei 

 71 -30th ult., suddenly, at the residence of his son-in-law,!. 



B. Forman, Esq., Frognal Lodge, Hampstead, J. S. Bauo« K 

 Esq of John-street, Bedfor(Trow, for 40 yearsasol.citor of the 

 High Court of Chancery, aged 64-3lst ult., after a short illneee, 

 ElizaS. Lockver, wife of N. Lockyer, Esq., Miyor of Ply. 

 mouth, aged 36-lst mat., of rapid consumption, sincerely ind 

 affectionately regretted, Harriet Coatks, second daughter oi 

 Mr. J. Coates, ofKirby, Essex, and adopted chill of Mr. aaa 

 Mrs. H.Washboume.ofNew Bridge-st., Blackfriars, agedl6. 



WANT PLACE S.— All Lette rs to be post-paid. 

 A S GARDENER.— A Married Man aged 43, without 



±*- incumbrance, who has a thorough knowledge of Pmea, 

 Grapes, and gardening in all its branches; can take the manige- 

 ment of land or cattle if required, and can have an unexception- 

 able character from the place he has just left.— Direct to A.B , 

 Messrs. Henderson and Co's., Nurserymen, Pine-apple-place, 

 Edgware-road, Londo n. 



AS GARDENER.— A married Man, without incum- 

 brance, a native of Scotland, aged 34; is well acquainted 

 with the cultivation of Pines, Grapes, Melons, and Cucumbenv 

 upon the most approved principles, and has had extensive 

 practice in the Flower-forcing department, as well as a thorough 

 knowledge of Flower and Kitchen Gardening. Highly respect- 

 able reference can be given as to character and ability.— Direct 

 to A. B. C, at Mr. Glendinning's Nursery, Chiswick. 



AS GARDENER.— A Married Man without incum- 

 brance, aged 40, who perfectly understands all Fordnj 

 Departments, Flower and Kitchen Garden ; no single-han4t4 

 place will be accepted.— Direct to S. S., at Mr. B. Muffett's, Far- 

 wig. near Bromley, Kent. . — 



S GARDENER.— A middle-aged married Man, 



who has a thorough practical knowledge of hisbusine* 

 His Wife would not object to the care of a Lodge. No objecuoo 

 to any part of the country. A four years* unexceptional i»- 



nntar Fiiro^f frr» B* C O Snoncer.tprraf P. I.O Wer-rd., ISiUXf 



AS GARDENER.— A young Man, Iged 30, ■*• 

 thoroughly understands his profession m every depart- 

 ment.— Direct to Y. Z., Wan dsworth Post-offi ce. 



S GARDENER.— A married Man,"lriihoat io«*- 



brance.aged 35, who perfectly understands «'• b " 1 ™ u 

 all its various branches. Can have an unexceptionabiecQw. 

 —Direct to X. Y., Mr. Clark, Nursery and Seedsman, >«*•' "J 

 Gravesend, or Mr. H. Chapman, Movern Gardens, wipe 

 Fruit- gro wer, Vauxhall. ■ 



S GARDENER.-A single Man, aged 34, ^° Pj 



ectly understands his business ; the Vinery, and an * 

 of Forcing j Fruit, Kitchen, and Pleasure Gardening. ^ 

 well recommended, having lived in his last P lace . ul n e lf ' l w 

 has no objection to live in the house, if requirea.-i>" 

 A. B., care of Kay, Nurseryman, Finchiey. 



S GARDENER, in a smdflamU^ Un*J 



Gardener, a respectable young Man, *&***' D irect 

 have nearly 5 years' character from his last bWW°"V 

 T. W. P., Mr. Privett, Surrey Cottage, Stockwell^urrej^ 



A 



A 



A 



TO LANDED PROPRIETORS .- 



S LAND STEWARD or MANAGLR^'JS; 



aged married Man, who has for 12 y« a « f ^ lia n ni «fc* 

 management of one of the largest farms ™ F*?™""^ ii« 

 he has had the most extensive experience in the dt ^ 

 feeding of Stock, and in the draining and culti at ^ n ,&. 

 on the most approved principles. The most satisfaao y 

 ences as to character and thorough P™«ical ab im ^^ 

 given, from his present and late employers, and i^ 

 of the most eminent agriculturists In the Soucn sitaa tioo < 

 The advertiser will be at liberty from his f™?*™" N*** 



TO SEEDSMEN AND NURSERYMEN- ^ 



YOUNG MAN of practical experience^ 



rM** 



A YOUNG MAIM ot practical expci«c»^ x faaJ , 

 veral years) in the London and Country rrade.w 



- " , been used to travel, ^ 

 rement, is desirou? < 



,n K » ou-^m- Direct to '• F 'L C * r ! 



Gibbs, Seedsman, Down-street, Piccadilly, London. 



good knowledge of Plants, and has been used 



objection to the Country. ___————— 'tiee 



YOUNG MAN is desirous of obtaining a SjWJ^ 



in a SEED.SHOP. Respectable ' fefere ? ce • 



A 



can be given.-Direct to A. B., at the Office of this r*p 



