Koval Wilts Militia. — This corps was inspected bv 
LL-Col. Horsford, of the Rifles, on Friday, the 28th alt. The 
weather being fine, a large number or respectable people 
astscmbled to witness the event, which took place in the drill 
ground — ft large field on the outskirts of Devizes, beautifully 
situated, having Roundway Park, the seat of Mrs. Colstone, 
immediately adjoining it, and overlooking on its north-east 
side one of the richest vales to be met with in any county 
This, combined with the ever attractive scarlet, brought the 
fair sex in great numbers, and their presence materially added 
to the eclat of the scene. The men of the regiment' if not 
universally tall, are stout athletic fellows, chiefly agricultural 
labourers ; and with this knowledge of their ordinary vocation 
and their short military training, the manner in which they 
performed their various evolutions, and their quickness and the 
precision of their movements, is perfectly astonishing, and shows 
an aptitude for military drill, for which an Englishman hereto- 
fore lias had no credit given him. A decided improvement in 
every respect has taken place during this year’s drill, notwith- 
standing the number of drill instructors has not been half so 
many as on former occasions, being dependent almost entirely 
on the permanent staff. But the Colonel, Lord Broughton the 
Lt.-CoL, Lord Methuen, the Adjutant, Capt. Cowper, and, 
indeed, all the officers, entered with so much zeal on their 
duties, that a zest and spirit was imparted to all beneath them, 
and the men learned with alacrity that which, under other 
circumstances, would have been an intolerably irksome task. 
At the close of the inspection, they were formed in square and 
faced inwards, when the inspecting officers, having spoken of 
them in the highest terms, they were addressed by the com- 
manding officers, who praised them for their orderly conduct in 
quarters, and the attention they had paid to their drill in the 
field. They were then inarched off the ground, and in the 
afternoon gave up their arms under the idea that the drill had 
ceased ; but on Saturday moruiug, a despatch arrived from the 
Secretary-at- War’s office, prolonging their military stay for 
another twenty-eight days. Saturday was therefore’ employed 
in again serving out the arms, but Suuday morning brought a 
recall of the previous morning's order, and the Sunday after- 
noon was occupied in again storing away their arms ; and on 
Monday, the men dispersed to their homes. It appears that 
there is no authority in the Militia bill for an extension of drill 
beyond the period named in the first warrant, without fresh 
notices being served on the men. The lack of knowledge on 
this point, is considered as further proof of the blundering on 
military matters, to which our rulers unfortunately seem so 
prone. About fifty of the men volunteered into the fine, a 
much smnller number than was anticipated, for which many 
reasons are assigned, but the most probable aud satisfactory 
is the abundance of work, which is increased by the busy state 
of the Great Western Railway works at Swindon, and the forma- 
tion of the Wilts, Somerset, and Weymouth line of rails in 
different parts of the county. An impression prevails that a 
short time only will elapse before they are again called 
out to complete the limits allowed bv lawi 5G days. The con- 
duct of the men during their stay, has been very quiet and 
orderly. 
Royal Wilts Yeomanry Cavalry.— The regiment is or- 
dered to assemble on the 13th of this month for eight days 
pernianent duty at Salisbury. April was to have been the 
period, but to meet the general convenience, May was ulti- 
mately determined on. 
The Hampshire Yeomanry Cavalry will come out on the 
lstof June for eight days’ permanent duty at Winchester. Yester- 
day week Capt. Baring (lately gazetted), gave liis troop (the D.) 
a dinner at the George Hotel, Winchester, and invited those who 
formerly belonged to the same troop to meet them. About CO 
sat down to dinner. The band of the regiment responded to 
the toasts in their usual effective style, and the evening passed 
off in a most pleasant manner to all concerned, the toasts being 
interspersed with some excellent songs. Among those preseut 
were Capt. Fleming, of the F. troop ; Lieut. Aruudell, of the 
B troop; Capt. Powell, of the E troop; Walter Taylor, Esq., 
and the several troop Sergeant-Mujors, &c., &c. Several re- 
cruits have joined already since the appointment of Cant. 
Baring to the troop. 
The Hampshire Militia lying at Winchester were dis- 
banded on Monday the 1st inst. 
Durham Militia — The Artillery of the Durham Militia is 
at present under training at Bishop Auckland for 28 days, 
which commenced the 13th ult. Although it is the first time 
of being out, it has made great progress under the able com- 
mand of Major Stobart, who has already served in the army, 
having held a commision in the Royal Artillery. The 2nd or 
Xortli Durham Regiment, of Militia commanded by Earl Vane, 
son of the late lord Lieutenant, went through their course of 
28 days’ training in March last. The full complement of the 
regiment is 800, but the Adjutant succeeded in enrolling only 
about 700; of those, the small number of 350 only assembled oil 
the day appointed. Drills were furnished to them from the 
3-lth regiment of the line, and under their instructions the men 
were making rapid advancement ; but they were unfortunately 
recalled to rejoin their comrades, who had got the route for 
the seat of war. They were not replaced, and the onerous 
duties of drilling devolved upon the officers, who acquitted 
themselves so well, and worked so vigorously ; that the corps 
wus enabled to make a very satisfactory appearance upon the 
day of inspection. Although arms were not given out to them 
the officers had brought them so far at the close of the training 
that they could execute a few of the battalion manoeuvres with 
great precision and steadiness. They were inspected by Colonel 
Slade oil Monday the 3rd ult. '1 hey executed the following 
evolutions in his presence, — 1. Open column, right in front. 2. 
Marched round in quick time. 3. Wheeled into fine and 
advanced. 4. From the right of companies passed by files to the 
rear. 5. Open column left in front. 6. Wheeled into line. 7. 
Eeliellon movements. 8. Changed front. 9. Open column and 
form square on No. 1. 10. Open out tow heeling distance. 11. 
Close column on No. L 12. Deploy into fine ou No. 1. The 
inspecting officer was so well pleaded with the manner in which 
they were executed, that, (after forming the regiment into square 
facing inwards) lie addressed the men in terms of the highest 
encomium, and concluded by saying, that after a little more 
training, and arms were placed in (heir hands, they would be lit 
for anything. He then culled the officers to the front, and paid 
them some very flattering compliments, both upon their ap- 
pearance, and the immense energy with which they (in the 
absence of the drills) must have applied themselves to their 
jtnusiial work. The Regiment had the advantage of a splendid 
band, which played them to the training ground and back again, 
mid at the mess every day. The weather, too, was very fine, 
and in short, everything contributed to render their first training 
a moat agreeable one. 
. Toc nr South Regiment has already heon out twice at 
•shop Auckland, and anticipate having shortly to go to Leith 
Barracks for 56 days. 
I he Derbyshire Militia, commanded by Colonel Lord 
aterpark, assemble on Thursday, the 11th inst., for training. 
| m-: Royal Elthorne Ln.m Infantry (5 tli Middlesex) 
an commenced training nt Uxbridge, under the command of 
AiMiienant-t'i-linicl tin- lion. F. Villi era, yesterday week 
nil y)* flu8 raiment '* very efficient in officers, the three 
the lffi 1CCr * °®l’ ,ao 8 having formerly served in 
tl ANI> Stable Jackets. — The officers belonging to 
jc different regiments of yeomanry cavalry have received 
‘lers to provide themselves with stable jackets. They are 
*>• required to make themselves thoroughly acquainted " with 
sword exercise. 
THE FIELD. 
431 
StcMcaL 
Sn.OEONs.-Tho following gentlemen, 
were admitie f n nee f CJS f r - v °Mminationa for' the diploma, 
Kt ofTnli 0 ” , 0f A 1 ’? nt meeting of the 
Turnbull NnMl n "'f 17 ‘ l ‘ » '• .-Messrs. Thomas Joseph 
Ert Hnwki 8 n C j 1 9 •’ D ^ 10 ! llcn J ,m '° »'.ie, Nottingham; 
Frederick^ fi I ? ,tc, ! n - 1 , crls J ll «'>ert Atkinson, Dublin; 
iwueriok George loulden, Iinsbury-squaro; William Cov tee 
X SadW^o 001 ^ 66 ^, n i ch ^ ^veo.i„g7wesTln&: 
IStw! h- 15 ' Whitehaven, Cumberland; George 
Lineolnl ?„n fi^7‘ P ’ Plll 1 l ®J e, P h >® -• Alexander Edwin Marsden, 
East India 1 .° n ' 1 N - otlid "° Clmrle8 Mnonatnara, Hon. 
Coart fr T V,C0 - the somc meeting of the 
surgeon • tli^ 4 » r e f. kP ro, ] le passed Ins examination Tor naval 
of " ? | eullemnn '"»d previously been admitted a member 
Tl.If.ti« ’ 1113 diploma bearing dulo May the lGtb, 1815. 
tlm dint g gentlemen, having also undergone examination for 
'i dl admitted members on tl, 0 24th ult. :— Messrs 
U S V ‘ nC |," 1) V v° n,: V' mJ Kin «* Elthnm, Kent; John 
S- U TLlf b M^ 5? y “ l » <,vj: Jol,n Jon03 ‘ Aborgclo, Denbigh- 
shire, Robert 11 lckling Uoallicolc, Manchester; Ralph lloathcoto, 
.lunohester; John Long, Leeds; Edward Towndrow Franco, 
Uoynl Navy ; William Henry Kirton, Louth, Lincolnshire; John 
Lomax, Bury, Lancashire. 
Apotiieca ribs’ -Hall. — T lio following is a list of tbo nnmo* 
ol gonlloincn who passed their examination in the science and 
practice of medicine, and received certificates to practise, on 
Thursday the 13lh of April, 18.04 :-HJward Livosoy Dixon, 
lreston, Lancashire; John 8kaife, Eusiugwold, Vorksliire • 
Robert Augustus Pedgrift, Halesworth, Suffolk; Edward Beck 
Hammond, Ipswich; William Henry Crosslcy, Wath-unon- 
R r cl ?r ne > Yorksffiro; Thomas Russell Johnson, York: George 
n • 11 . ia , m 3?,° d ^gman ; Thomas Joseph Oookson Powell, 
Bristol, William Marshall, London ; Edward Sidebottom Mot- 
tram, Cheshire; Thomas Reynolds, Bedford; John bixon, 
llemswortli, Yorkshire ; Thomas Forder, Winchester; William 
Nathan Ch.pperhold, Reading; Cyril John Vincent, Oxford; 
John Lawrenco Growse, Bildcston, Suffolk; and Ebenczor 
Robert Butler, H.E.I.C.S. 
War in Turret. — A large stall' of voterinary surgeons proceed 
to the scot of war, witli a proper supply of medicines and other 
requirements necessary for the safely of the horses. Contracts 
have boon entered into with persons in Turkey, recommended by 
the Ottoman Government, for a periodical supply of forago fortho 
horses. 
Madrid. — Tho Gazette publishes a Royal decree to the follow- 
ing effect:— “ Art. 1. Every town and locality in tho kingdom 
nro in future to be provided With physicians, surgeons, and 
apothecaries, whoso duty will be to dispenso medical aid to the 
indigent classes, and nny other persons who may require their at- 
tendance. 2. The existence of these physicians shall not prevent 
the free exercise of the medical professions in the same localities. 
3. The authorities will maintain in the free exercise of their pro- 
fession tho persous who have been legally accredited, in virtue of 
the present decree aud other ordinances in force. 4. The physicians, 
independently of their attendance on the sick, will have to take 
chnrgo of foundlings, to deoido whether substitutes are lit for tho 
military service, nnd to visit sick soldiers passing through then 
districts. They are not to absent themselves from the town in 
which they practise during more than 24 hours without tho per- 
mission of tuo Alcalde, aud for u longer period without providing 
a substitute. Their salary is to be proportioned to llio population 
of the district, tho wealth of its inhabitants, nnd other local cir- 
cumstances. They will bo entitled to a pension after practising 
30 years in tho sume district.” 
Hospital Wagoons. — borne four-wheel hospital waggons 
were ou Monday despatched Iroin the manufactory of the 
Messrs. Holmes, at Derby, to Woolwich, whence they will be 
immediately shipped to the sent of war. The body ‘ of each 
waggou is divided into compartments, fitted to receive four 
severely-injured men, in a recumbent position, on easy and 
commodious stretchers, and the front locker has seats upon 
it to accommodate six men, less disabled. The whole is hung 
upon long elastic springs, which on very' uneven roads wifi 
be relieved by contact with india-rubber buffers ; the sides of 
the waggons fold down, and form convenient receptacles for 
bedding and stretchers during their transit by water. Tho 
method of detaching and packing tho wheels, undercarriages, 
canopies, medicine chests, &c., is very convenient and simpla 
Iwcmitsonni nitir pisoiuc Intelligence. 
MEETINGS OF LODGES, &c. 
It is our painful duty to nnnounco the sudden death of 
brother William Evans, Grout Queen-street, Long-acre, 
Masonic Jeweller, respected and esteemed by all in the 
fraternity, leaving a sad blank in the order of which he 
was an ablo, efficient, and deserving member, both in craft 
and the higher orders. Our correspondent dinp.d in his 
company on Saturday, tho “ grand fcstivul,” and met him in 
health and nil his accustomed buoyancy of spirits. Well 
may we sny " in tho midst of life we are in death.” Our 
brother died oil Suuduy. Ho was initiated iu tho Temple 
lodge No. 118, London, in the year 1835, joined the lodge 
No. 23, 1818, and served the office of grand steward 1851, 
exulted in 1840 iu the Douiiitic Chapter, nnd was a member 
of several other lodges nnd Chapters in town and country, 
and served tho various offices therein, and was a liberal 
contributor to the various charities. 
Monday, May 8tli. No. 5, Freemasons' Tavern— No. 12, Freemasons’ 
Tavern — No. 32, Freemasons' Tavern— No. 2W5, Falcon Tavern, Fetter 
Lana — No. 228, Amlorton's Hotel, Flcet-sticct- No. 805, Railway 
Tavern, Lewisham. 
Tuesday, May 9th. No 113, Albion Tavern — No. 196, Holly Bush, 
Hampstead — No. 231, Ship ami Turtle, Leudenlmll-slroet— No. 217, St. 
James’, St. Jumes'-st., AUlg.ite— No. 235, George and Blue Boar— No. 
270', Gun Tavern, Pimlico— No. 280, Freemasons' Tavern. 
Wednesday, May loth. No. 3, Freemasons Tavern — No. 13, Queen's 
Arms, Woolwich— No 19, Goornc and Blue Boar, Holboru— No. 22, 
Freemasons' Tavern — No. 74, ltadlev's Hotel -No. Iu3, White Hart, 
College-street, Lambeth — No. 112, Wude s Arms, Poplar— No. 160, 
George ami Blue Bour — No. 172, lloyal Albert, King s-cross, Dept- 
ford— No. 289, Ship ami Turtlo, l.cadenhull-strcet — No. 762, Adam and 
Eve, Kensington. 
Thursday, May 11th. No. 6, Thatched House Tavern— No. 30, Free- 
masons’ Tavern — No. 248, George and Vulture - No. 329, ltadley's 
Hotel— No. 778, Freemasons' Tavern. 
Friday, May 12th. No. 195, London Tavern. 
Election of Grand Master. — The annual Grand 
Lodge of Freemusons wus held at tlio Freemasons’ Hull, 
Great Queen-street, ou Saturday last, when the Right Hon. 
tlio Earl of Zetland was installed Grund Mutter for the 11th 
time. Ilia lordship was afterwards pleased to appoint os his 
officers for the year — Brother Dobrep,»C. C. W. ; Brother 
Huldvvin, G.J.W. ; Brother John Ili i vcy, G.S.D.; Brother 
I'audtl. G.J.D. ; Brother Dubie, (l It , Brother Biggs, G. 
8.D. ; Brother White, G. Sec. ; Brother I'arnflcM, G. 
Assist. 8cc. ; Biotlicrs Rev. J. it. Cox amt Ed. Mooie, G. 
Chaplains; Brother Hansford, Li. Urg. ; and Brother Geo. 
Elkingtun, U. Pursuivant. In appointing Brother Farnfleld 
(who has long held a responsible position in tho Grand 
Secretary’s office) Assistant Grand Secretary, the M.W.G.M. 
stated that Brother White hud now held his appointment as 
Grand Secretary for 44 years, previous to which he was in 
the office eight years under his father. During the whole of 
that long period he bad performed his duties most efficiently ; 
but now having arrived at tho nge of 77 years, it was but 
*' iin 80100 assistance in tho disclmrgo of bis 
ni.nn d r U u CS; nnd he * tnew °f »o brother who, in conq'- 
of hl8 experience in the Grand Secretary’s Offi o, 
vas more capable of doing so than Brother Fornfield, whom 
°L tho crafl wh0 1,8,1 th ® pleasure of his 
n d iQ th0 hl « h08 ‘ estimation. At tho c .... 
S' i 10 " laso,uc bu *°H‘s8, nearly 300 inombors of tho 
uurn r 11 aU eslron ' 0, y olognnt dinner In tho largo 
hall of the Freemasons’ Tavern, and spout a highly agroeablo 
chnrecf’ bU T e , 0a8t4drU ! lk wcro ofu P urd y complimentary 
character. 1 lie musical arrangements were conducted by 
Brother Hansford, who succeeds Brother Costa ns grand 
organist. ° 
polite Intelligence. 
_ MANSION HOUSE. 
Wrnrmo a Boy.- William It, well, „ poraon in tUo em . 
b «K? r,C00b ’ ° f tallow i.mltor, was 
wlSad r ?- 0Xftm I ,n, ‘ l " )n »'P0n tl .0 charge ..f having 
in l c cvc P TL n’ ’ T d °! 0ven , V,V ‘ M - 'wno.mmrlMnrvn.il, 
oN, s Z J 1 '°. C0 ' Uplaum ". 1 ’ wh0 11 13 " ill lose the sight 
n i; y m ?„ cart wuh 0 mn " who was driving it nbmit 
fhi IK CI,ca P si ' lo \ . T , ll ° dofendnnt, in opposition t„ 
the street regain one, drew Ins hor*o in front of tho cart, but 
was passed by the driver, nnd, oxasporntod at tho check, cut 
with hie whip at tlio driver with desperate violonoe. Tlio whip 
missed the porson for whom it was intomlod, hat almost cut tlio 
eye out ot tho boy, who still remains in tho hospital in a very 
had state. Tlio defendant nttompted to justify Ins conduct by 
asking why tlio drivor of tho cart drew across him in the street. 
8ir R. W. Curdon said tho conduct of tho defendant was in overv 
respect brutal, and remanded tho caso for n week, in order that 
some arrangement sorviceublo to tho complainant might ho in ido 
in the interim. 
THAMES. 
Stealing Gold DrsT. — Nell M'Clean, 20, a seaman and 
passenger on board tho Joshua, from Australia, was charged 
wi/h stealing sixty ounces of gold-dust on board that vessel 
whilst on tho high seus. When takon into eustoJy there was 
round in his possession ono bog, containing eight small pieces 
of gold, eight sovereigns, threo pieoos of qunrt/., ono gold pin, 
fivo gold studs, and a cigar-caso. Mr. Wontnor, for tho prnsnou- 
tion, said ho attended on tho part of Mr. Thomns Nountin Virtue, 
whoso father residod at Amcrshain-pork, Newington, nnd there 
wns something pcouliar in tho fontures of tlio ease. His eliont, 
liko many other young gontloinon, hnd boon smitten with tlm 
gold manin, and had gono out to the diggings, whore ho realised 
gold-dust and nuggets to n considerable amount Whilst at llio 
pursuit, ho and eight friends dug a shaft to tho depth of 100 foot, 
and in ono day realised gold to tho value of £ 1,000. Having 
been so successful, ho rcsolvo I to seo his frionds in England, nnd 
took his passage from Melbourne in (lie Joshua. The pris mop 
was also a jiassenger in the same vessel, nnd had a berth hen ‘nth 
his. Mr. Virtue kept liis gold-dust in a eignr-onse covered over 
with a quantity of sling tobacco, and loft it in his berth. In 
about three days after loaving Melbourne, ho missed his box, 
and on informing tho captain, n seareli was made, hat It was 
nowhere to he found. Shortly after, Mr. Virtue missed a 
bottle of gin from his berth, and seeing tho prisoner drunk, 
suspected that ho hnd not only stolon the gin Imt the gold- 
dust nnd nuggets also. On missing his property, Mr. Vir- 
tue described the gold-dust nnd nuggets to tlio enplnin nnd 
passengers. It would ho shown that the carpenter of tho 
Joshua saw the prisoner throw something like a Cfgftr-c.i-o 
Overboard, and that lie had given a woman named Levi, who 
would probably bo yet forthcoming, she being ono of the passen- 
gers, a quantity of gold dust to take charge of. The prisoner, in 
course of conversation, showed Mr. Virtue a nugget which tlm 
latter felt satisfied had formed part of liis stolon property. Tlio 
prisoner's belt, in which ho hnd bin gold, was then examined, nnd 
tho captuin, as well ns tho passengers to whom Mr. Virtu , on 
discovering his loss and described liis property, ot once ospi'etaod 
their opinion that it tallied with the description. It was tlieneo 
inferred that lie had given his own gold to tho woman Levi, who 
is not as yet forthcoming. Mr. Virtue had procured most of his 
gold at Bullarat, and tho gold found on the prisoner was of that 
quality. Tho prisoner said that ho, loo, hnd been at Ballarat, 
but whon questioned as to tlio placo ho showed himself totally 
ignorant of the locality. Mr. Virtue was then called, and gat e 
evidenco confirmatory of the above »lu!omcnt. Witness after Ins 
loss, and whon his suspicions nguinst (ho prisonor wore excited 
asked the prisoner to show him liis gold, but ho ropliod, “ No, I 
have been put up to tlmt.” Mr. Ingham: What did he mean t 
Witness: 1 suppose that he had been put on liiH guard. Ho told 
mo lie got most of liis gold nt California, nnd about forty ounces 
nt Ballarat, whereas tho gold found upon him hnd very little 
Californian, the principal part being the produce of Uallarat and 
Bendigo. Tho prisoner, who was iri veil into custody on the ar- 
rival of tho vessel in port, wlieu culled on for liis doleucc, mud ho 
wished to have tho case remanded, so that ho could procure pro- 
fessional assistance. lie insinuated that it was u trick on tlio 
part of the prosecutor to cheat bun out of his gold, nnd that to 
prosecute it ho had requested Mr. Lovi to show him his (pi isouor's) 
gold. Tho case wus remanded. 
Tub “Young” Fair. — M r. Matthew Young, cowkeopor, of 
Mile-end-road, appeared to un information issued nt tho instance 
of (he Commissioners of Metropolitan Folico for having lioldeu a 
fair during the past Easter holidays on a piece of ground a join- 
ing Bancroft’s School, iu tho Milc-oud-roud. Mr. l’ellinni, who 
appeared for tlio defence, argued that this was not a fair, in tho 
usual acceptuliou of that term. His client opened his grou id to 
afford nmusooient to holiday people, and Hie proceedings were 
conducted with so much decorum that only one trumpery ahnrgo 
arising out of it had been had up at this court. Ho held iu liis 
hand a memorial in its favour, signed by J 0 U respectable persons 
in the neighbourhood, who, if anything immoral, or calcu- 
lated to disturb public business, had occurred, would have bom 
the very first to discountoiianoo it. Ilo (.Mr. l'oluom) could 
not, on the part of Ins client, contend either fur a prescrip t ivo 
or a chartered right to hold u fair, but ho did contend that 
opening his ground ns a plut'O for public oimiscmcnt did not 
come under that denomination ; they might, nt tliut rati, call 
tho Green Dragon and tho New Globe Gardens by the same mime- 
lie was confident it wos uovor the intention of the Legislature, 
whon passing tho act in question, to repress the amusuiu 'iits of 
tho public when they were conducted with propriety and offered 
no hmdrauce to business. It was u singular thiug that no step* 
wcro taken to suppress iStepncy fair when it was held in the im- 
mediate vicinity of Hint court, to llio annoyance of tho inhabi- 
tants aud the disturbance of the administration of justice. Tho 
place in which the lute fair wos held was surrounded by open 
grounds, und the entrance wh? from tbo Miie-eod-roftd, one nt 
the most spacious approaches to the metropolis. Howf was it 
that the police did not interfere with the fairs held ut llammei - 
smith and tho west end of the town t llo trusted lus worship would 
take this view of the onto, nnd decide tins was not a lair in tin 
legal acceptation of that word. After a good deul of plfilologir d 
discussion, in which considerable ingenuity wos exbibilc I, .Mi. 
Ingham referred to the definition of a fair contained iu I V ma 
itself, and found it consisted of tents, booths, swings, n.uml- 
u bouts, shows, menageries, Ac. As it was shown that oil these 
paraphernalia were present nt tho fair held near tlio Mile-end- 
rend on the 17th ult., he fell himself compelled to declare tliut 
fair to bo uh illegal one. The decision was anything but sat s- 
factory to tho crowd in the court, whoso sympathies were All with 
the defendant, 
