28 NOVEMBER 1846, Page 2

Zbe IfIttropolis.

Notices have been given by the Corporation of London of their intention to apply to Parliament to extend their power for the conservancy of the river; to enable them to widen, deepen, dredge the same, and to remove all obstructions; to take down or build bridges, and to levy tolls; to erect steam-boat and other piers between Yantlet Creek and Staines.

The number of Ragged Schools in the Metropolis is rapidly increasing Another establishment has just been added in King Edward Street, Mile- end New Town.

A public dinner was given on Saturday, at the London Tavern, by the principal Greek gentlemen resident in London, to General Kalergi, now on a visit to this country.

In the Court of Queen's Bench, on Tuesday, the case of the Queen versus Fer- rand came on for hearing. The facts were explicitly stated in our number of the 7th instant. Mr. Martin, Queen's counsel, and IKr. Bovill, on behalf of Mr. Ferrand, showed cause against the rule which had been obtained, and moved that it should be discharged. The chief arguments used in extenuation were, that Mr. Ferrand had entered Parliament pledged to the repeal of the Poor-law; that his two letters, of which complaint was made, had not been written in per- sonal malice towards Mr. Lewis; that the defendant when he wrote them fully believed that he was inditing the truth; that he was exasperated at the impu- tations sought to be east upon him; and that extreme provocation had been of- fered to one of Mr. Ferrand's warm and sanguine temper. Sir Frederick Thesiger supported the role, with explanations. Mr. Lewis lia4 received intelligence that there was something wrong in the management of the Keighly Union; a remedy could only be effected by an order of the Poor-law Com- missioners •' to make that order, there must be previous information; and therefore Mr. Lewis had written a letter to Mr. Mott desiring him to visit the Union. The instructions to Mr. Mott were dated in February 1842; but Mr. Ferrand did not become Chairman of the Union till the follewmg March or April; and therefore the instructions must have had reference to matters with which Mr. Ferrand could have had no connexion. Mr. Mott's report was made on the 13th April 1842; and undoubtedly it did speak of abuses; but the dates given-6th May 1840 and 30th October 1841—showed that Mr. Ferrand was in no way meant to be im- plicated. It was clear proof that there never could have existed any intention to fabricate a report to Mr. Ferrand's prejudice. Sir John Walsham had been sent down to make a report in verification of Mr. Motes but if that report was false, why complain that it was suppressed? If the Court did not make the rule ab- solute—if it even paused—it would stamp Mr. Lewis with infamy; for it would. be believed that there was some ground for calumnies which were founded only in Mr. Ferrand's own credulity. Mr. Peacock being about to address the Court on the same side, Lord Chief Justice Denman said—" We do not think it necessary to hear you, Mr. Peacock. We are called upon to grant leave to file a criminal information in respect of two letters, which certainly contain the strongest charges, conveyed in the very grossest language. The excuse that has been set-upisi that the gentleman who issued these publications was to a great degree inflamed by circumstances, which, although they might not justify the imputations he has cast, might show him to be in a state of mind in which some reasonable indulgence ought to be extended to him: and I own there is such a complication among all the circumstances of the case, that I was very desirous of hearing the whole statements made on either side, and of looking into the affidavits, before I came to the conviction that the defendant might not in some degree be entitled to avail himself of such indulgence. But, after hearing explanation given, and after the full discussion that has taken place,! am perfectly convinced, not only that there is no foundation for this charge against Mr. Lewis,e of calumny and conspiracy, but also that there was nothing in anything that has since occurred to give a reasonable ground for Mr. Ferrand to suppose that these imputations were just. Under these circumstances, it appears to me, notwithstanding some matters showing a degree of negligence, perhaps, and some misfortune, in not keeping documents it might be important to resort to, which have led to a degree of confusion in the opinions formed by this defendant upon what took place before the late Committee—.L think he stands without any excuse whatever for uttering such publications as now lie before me. It is not, in my opinion, necessary that I should say more upon the present occasion, than that there is nothing to show or raise the least reasonable ground for supposing that Mr. Lewis employed Mr. Mott for the pnr- pose of douig any injury to Mr. Ferrand; or that Mr. Mott made any charge against Mr. Ferrand which called for those strong suspicions which appeared to have been excited in his mind; or that Sir James Graham, Mr. Mott, and Mr. Lewis, or any of them, have been engaged in any improper proceeding for the in- jury of Mr. Ferrand. Under these circumstances, I think it is quite imperative on the Court to say that this gentleman stands completely without justification for what he has done, and that the present rule must be made absolute."

On Thursday, Mr. Shillibeer, the omnibus-proprietor, recovered damages from the Eastern Counties Railway. Company, for injuries sustained in a collision, on the 18th of October 1845. lkfx. Shillibeer was a hale hearty man: he received a severe concussion of the brain; the facial nerve was so much hurt that a breeze caused pain; the jaw and teeth were distorted; a morbid action is still going on in the bone above the mouth, which may make an operation necessary ; and his nervous system was so shaken that his memory fails; but he is gradually re- covering. The Jury awarded 5001, including 75L that had been paid into court as sufficient compensation.

In the same court, last week, the Reverend J. Bartlett was brought up for judgment. It will be recollected that this gentleman was convicted, under a, criminal information at the instance of a Mr. Tozer, of having written a libellous letter imputing to Mrs. Tozer, the sister of the defendant's own wife, very gross and immoral conduct. ,After the usual affidavits had been pat in, the defendant ad- dressed the Court in mitigation. He urged that he had received great provoca- tion, and contended that his case was one to be dealt with leniently. Mr. Justice Coleridge, however, thought otherwise; for, after having commented on the various points of the case, the learned Judge said, "Considering all the circumstances, the

sentence was, that the defendant should be imprisoned for the space of two years in the Queen's prison; and at the end of that time, enter into his own security in the sum of 1.0001. to be of good behaviour towards all her Majesty's subjects, but especially towards Mrs. Tozer, for the space of five years."

In the Court of Common Pleas, on Tuesday, Mr. Justice Coltman gave judg- ment in the case of Gibbs and another versus Flight and another. This was an action of toyer brought by the plaintiffs as Churchwardens of the parish of St. Stephen Walbrook, to recover from the defendants certain goods, namely, parish books; and the question was, whether the books were in the possession of the defendants, and whether one of the plaintiffs, Alderman Gibbs, had been legally appointed Churchwarden of the parish on the 12th of April 1844. It appeared that the records of the parish began in 1648: and from that year down to 1734, onefresh Churchwarden was annually elected from amongst the parishioners as the Junior Churchwarden for one year, and on the expiration of this period he next year was appointed Senior Churchwarden; there were no records from 1734 to 1775; but from 1775 to 1824 the same course was generally adopted, there being but four instances of departure from it. The succession to the Senior Church- wardenship, it was plain, would be destroyed by continuing the same person in the same office for many years. For fifteen years the same rule was not applied to the office, since during that period Mr. Alderman Gibbs held the office of Senior Churchwarden; and the number of the Select Vestry was, in consequence, inconveniently reduced, as might have been expected, and was indeed the case. The Court therefore thought the effect of the evidence to be, that it was part of the custom that a fresh Junior Churehwarden should be elected every year, and that he should succeed to the office of Senior Churchwarden next year. If such, then, were the custom, it followed that the repeated reelection of the same person to the same office, without any necessity for so doily, was contrary to that cus- tom. Consequently, the election of Alderman Gibbs on the 12th of April 1844 was not valid, and a nonsuit must be entered.

In the Rolls Court, on Wednesday, judgment was given in the case of Haynes versus the Western Gas-light Company. 'Twelve years ago, the plaintiff bought some freehold land at &null Green, on which he expended 15,0001. in building a dwelling-house and laying out ornamental grounds. In 1844, the defendants purchased four acres of land within eighty-eight yards of the plaintiff's mansion; and they were erecting gas-works on a large scale. On behalf of the plaintiff, Mr. Kindersley prayed for an injunction to restrain the defendants from com- pleting their works, on the ground that they would prove a nuisance, and ren- der his house uninhabitable. For the defendants, it was contended, that as the works were constructed on an improved principle, no nuisance or injurious effects would arise from them. Lord Langdale decided that the motion should stand over till the works were in operation. The plaintiff's apprehensions, he observed, might not turn out to be unfounded; but, on the other hand, it was possible that the means adopted by the defendants in their manufacture might be such as to prevent any disagreeable or unwholesome consequences.

In the Court of Exchequer, on Wednesday, the CANS of Reynell versus Lewis and Wyld versus Hopkins were brought to a conclusion, before the Lord Chief Baron. The defendants were respectively provisional committeemen of the Cen- tral Kent and the Peterborough and Nottingham Junction Railways. They were stied by the plaintiffs (an advertising-agent and a map-seller) for debts incurred in carrying out the objects of the companies, the orders having been given by the solicitors. Verdicts had been given for the plaintiffs; and apphcations were made for a rule to show cause why new trials should not be ordered, on the ground that the defendants were not liable for the acts of the solicitor. The Chief Baron held that the plea was good, and the new trials were ordered.

In the Court of Bankruptcy, on Thursday, Lord Huntingtower, whose petition was filed in May 1844, obtained his protecting order.

At the Central Criminal Court, on Monday, it was stated on the trial of Au- guste Schmidt, a Prussian of respectable family, who had been sent over to this country by the French Government on a charge of forgery, after he had under- gone a year's imprisonment in France for another offence, that it is a common practice with the French authorities to send destitute persons to England: they

pay their passage and set them on shore without a farthing in their pockets. This was the case with the prisoner, who had been wandering about in a desti- tute condition until he stmendered himself. He pleaded guilty; but alleged these facts in mitigation of punishment; and sentence was deferred till next ses- sion, in order that a communication might be made with his family.

At the Mansionhouse, on Monday, three men were examined as implicated in the robbery of John Smith, a simple Scotch 'labourer. The prosecutor had come from Melbourne, Port Phillip; where he appears to have made some money. While walking about the streets of London, a cunning knave accosted him; they got into conversation, went to a public-house, and were there joined by a friend of Smith's new acquaintance. From their conversation, and exhibition of money, the pro- secutor was deceived as to their real character; they grew quite comfortable to- gether; each told his affairs, and they resolved to meet in the afternoon in the City, where all three had business to transact. Smith got a check for 1701. from the Bank of Australasia, on Smith, Payne, and Smiths; as he was going to get it cashed, one of his new friends overtook him, and accompanied him to the bankers', where he had just before been transacting business himself. Smith obtained seventeen ten-pound notes. Both went to a public-house in Holborn, and were joined by their other companion. All three drank and smoked together. One of the strangers, "Captain Harvey," proposed to borrow 1001. of the other, "Mr. Billington"; the latter assented, and proposed to go and buys bill-stamp; but Harvey objected, that if he went away he might not return: to show his sincerity, Billington laid his pocket-book, stuffed full of bank-notes, on the table, and asked

Smith to go with him; the dupe consented, and on Billington's telling him that he should also leave his pocket-book, with the 1701. in it, on the table as a pledge of

his intention to return, the man actually did so! Suspecting something wrong, however, he would not go far with his friend, but quickly returned to the tavern : alas ! Captain Harvey had disappeared with both pocket-books. One of the pri-

soners was recognized by the prosecutor as Billington; he could not identify either of the others as Harvey. A1C three were remanded, as there are other charges against them.

Another case of highway-robbery in Southwark was investigated at the Police- office of the district on Wednesday. On the preceding night, Mr. Waite, a market-gardener, was walking along the High Street; suddenly, at the crossing of a street which leads into the Mint, two men tripped him up, struck him on the head, and robbed him of his watch and money; which they handed to a woman, and then they made off. The men were afterwards taken at a public-house. They stand committed for trial. It would appear from this and many recent cases of similar violence, that in spite of our numerous police force, the passage of the Borough at night is really a dangerous enterprise.

A serious accident happened on Monday afternoon to Mr. Claude Lascelles, son of the Honourable W. S. Lascelles, on a visit to Lady Dover, near Putney.

Young Mr. Lascelles was riding a spirited horse over the bridge across the Rich- mond R' ailway, in Roehampton Lane; the horse took fright at a timber-carriage, reared, and coming in contact with the bridge, threw his rider over the parapet on to the rails beneath. The young gentleman was promptly conveyed to a sur- geon's; and his life was considered in great danger.

On the South Coast Railway, on Wednesday night, an engine and tender started from New Cross towards London, widen° person on the machines. They dashed into the station with terrific force, and came into collision with the buffers and wall at the end of the tramway of the platform: burning fuel, steam, smoke, and dust, were scattered around; the tender was crushed and doubled up, and partly forced through the windows of the office. By extraordinary good fortune, no person was hurt.

The cause came out on Thursday at Greenwich Police-office. William Dartari a fireman, had charge of the engine; after putting the steam up, he left it, net properly fixed by breaks, and went away to chat with a pointsman; and the ea.. gins started off. Accused before the Magistrate, Darts pleaded imperfect know- ledge of the rules. He was committed for one month to the House of Correction. The damage done by the engine is estimated at 3001.

A destructive fire occurred on Tuesday morning about two o'clock, on the extensive premises occupied as Palmer's patent candle-manufactory, in Greet' Compton Street, ClerkenwelL Though plenty of aid was on the spot soon after the outbreak, the inflammable nature of the goods in the building made it im- possible to save any portion of the premises: after a vain attempt to extinguish, the flames in the manufactory,—the water seeming only to increase their fury,— the firemen confined their efforts to preventing the fire from destroying the contiguous buildings; which they succeeded in doing. Messrs. Palmer suffered, from an extensive fire only three years ago.

Some young men were firing a pistol with gm-cotton in Bessborough Terrace, Pimlico, on Sunday evening; a board, their mark, fell down, and upset a candle upon a quantity of the dangerous material it violently exploded, forcing out the windows of the room, and so severely burning the face of a Mr. Richardson that the use of the right eye was destroyed.

A number of pupils belonging to the Royal College of Civil Engineers at Putney went on the Thames last week, in an eight-oared cutter: off Banies, a gust of wind upset the vessel; two boats that were near saved all the youths except one, a Mr. Sharpe—he had two thick pilot-coats on, which caused him to sink immediately. A brother of the deceased was drowned near the sanm spot four years since.

Some attention has been drawn to a "death from starvation in Maryletione."' Louisa Mordant, a needlewoman, aged thirty-three, lived with a sister and an aged mother The mother is a parish pensioner; Louisa was refused out-door relief, by Mr. Messer, the Assistant Overseer, because she was "too young," that is, under sixty; but he offered to take the two sisters into the house They preferred to remain with their helpless mother, and Louisa perished of actual starvation. A Coroner's Jury severely censured the relieving-officer.