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Leicester Chronicle or Commercial and Leicestershire Mercury from Leicester, Leicestershire, England • 2

Location:
Leicester, Leicestershire, England
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2
Extracted Article Text (OCR)

a LEICESTER CHRONICLE Valuable Building Land tn the war IN THK CENTRE OF LEICESTER. TO BE SOLD BY AUCTION At tl illett, and shortly -atem, wh'-n it will 11B0R0U.GH have been granted by thelfev. some will be brought before them3t rv understood they ctimnea mci the survevors in the parte unae. r- I hnw many ot Lord tl. men trie palings.

Cannot saj now L- i irl not the ordering ot them i were watching: I nad ni fi hp was sure that conunsu jwmw STtS nted. Ingoing into the law upon uHect Tt was necessary to consider whether this had i via leaving the Court last night, he tSZZtfL'tl St ho the me bore upon the Burnjl here nrcrful Railwav dv he ascerfnined whether the agents qai Company can thus act with nwaijjt. MIDLAND 1 broken. If ny uUence aau ueeu course would have been to proceed by actiou. As soou as he heard of the circumstance, he went over and Fab'ing who received him very graciously he (Mr.

M.J told Mr' Fubliuir that Lord Harborough had placed hjmaelf iu a very awkward predicament; bat the Railway Company did not wish to proceed harahly they could not, however allow their servants to be thua treated bat they did Dot wish or expect Lord H. to say that he was favourably inclined to the railway-but simply to give orders that this conduct should not be repeated that they COMPANY. nf Mn. PHttifbr. the mm ordered those for the momma, out mere i i- it and morning, r.

rsur-lerence, beheve be wee naby. According to 2t, ha(i nt come then, Mr. Adam (examined by Mr. Latham): This document has the Company's seal and is in my band-writing-The authority was given a year and a half ago, and without any reference to this or any other railway proceedings. I think it right to make this observation in consequence of Mr.

Burnaby's remarks, which would lead the Bench to suppose it was gtftn for this special purpose. I was at the Saxby bridge last Thursday by your request; Mr. Haw ley, the Treasurer, was there t'TTX VfnnUv (From our own Wars and of war. trom seventy to eigntv u.u, WO lnt'n --1 UA Wo MELTON ber instant, at six clock in the eveoi0g) jn Iaclj as may be agreed upon at tbe lime of aie rom LIII1UC causes 1 Harborough, his agents, auu pyj 1 that Lord TtEPDA though they were coming in different partie ana (. rnaugii uiey wsr c- M) reet.ons Cannot saj at struck- the rout ana tne noi.j th tb and i Al back stree acre, Tl Fo OOC for ft Solic A LL that PIECE of valuable BUILDING LAi mm tne were so strong that Heiora the Rev.

Evans Hartopf Kbi t5. nan notion nor ro Sink' caution not to strik wUhed bvtfones to be byjiones. He (Mr. mennouea 1 he tacts or tne ca-r, i 1 was present wnen this arranged collating" Col. Cheney, an to be raised against i i wondered how any argument wa.s -rrr'ij that these circumstances, as an impression nau vU rtBBoH been dtsH The routine business of the Si given to those men chiefly wjm JJ 'f JJ Thursday: cautioned them oUen UJ-I ajje-Jj who uiw Duuuiug conautioa ot TENEMENTS, stables.

alaoghter-house, and in the occupation of Mr. Billington and oibJ Mr. 1 tnam nau am, i tendent Hague as called, but not examined. the surveyors were altogether in tbe wrong. The oc- IT IFaceadcd to 1 posed of, the Bench (about thrlifoWoc xiheK to be inclu.letl witn i orden-d them to come rL ri.

TitmHir hail rearet mism ieau wro $irtwLord phor'ty" from the Oakham Canal Company i to hich had been put in, was re.iil th his friend! I eruaf wnu Hl rinns nature their men then bad been passive, The interest it the Court bear the charges mutually priferrcdjebei Har'norougli and the Railway CcmplHt excited by the affair was evidently very arm was verv much crowded, and am as foTlowa; the General Annual Assembly of the Proprietor tne Oakham Canal, ste would acknowledge whether Ue wrote mat mm iiad offered u0 resistance to Lord Harborough's men bat (from the Times: see above.) if thvg9 thiDgs con- Mr. Ltiham I did, on Suuday mormns last. R.fore he came over on the Wednesday, there- Mr. Buta-bl proceeded to comment on Lord Harbo- inued Bet. re he me ooj 7 inn, in Uakham.

o-i Mondav. the thin iiapiWroi lunPiiyrA pri I rown Lord Wilton, Col. Wvndhain, and nflmv other i Hlbow-ilnJ Burgess-street, and Juuior-street, tbe whole ooutai 6,400 square yards. Tbe above property ia opposite an intended new from tbe centre of Church-gate through into Highcrdl street. rol For farther particulars, apply to Messrs.

BERRirwt MACAULAY, Solicitors; Mr. PARSONS, Arcbu I or to tbe Auctioneer, Leicester, where a Dlan 'i. 184:5, the foil owing Order was made inhabitants of the town and neighbourhood. roniMi uau. taoe in lahjns Complaints having been made that persons are in the eutc-nne lie town, the hist thing It appeared that there witness a scei.e of bloodshed.

habit ot trespassing on the towing-paths adjoining Lord 1 market-folk-; (setting apart the price of active of his men with him (Mr. and sent order one at Melton to go also. He (Mr. thought it right to have more assistance, and three wen. sent for from Louahhorouch and it was at his request that those five of Lord Harborough's affair and everv harborough estates, it is ordered, that Lord Harborough be at libertv to inflict the penalty iinnosed by the were some mistakes iu it Mr.

Laibam Tiiere are a great many. Mr Rnrnabv went ou to read extracts from the account nJLw: had not the appearance of a market-ma inspection. nH11 uaunam Canal ActfpaflgM) against ail blood be i men were present on Thursday. The events of tnat day diatelv set down by tbem as in some wactAti the KnffW i.of th canuoa' aud the hi "Jl trespassing on the towing-palBFadnj trespassing on the eigptes, in the same manner as tbe J'attptaf 's Servants afe entitled to b'Mfcaarties oJbnditn? to iufetke. Ri- On the of Lord Harborough, themppeared Mr Latham aud Mr.

Fabling, bis steward. The Railway flfete order, Ajoes AdaV, Clerk Company was represented by Mr. Burna'by, the har- ristnr Mr. C. C.

Macaulav. nnp nf thir nlieitnrs VALUABLE Reversions, Life Interests, TO BE SOLD BY AUCTION' By B. Payne, w(Bj order of the Directors of the Leicestershire aud Midland Counties Insurauce Company,) Mr. Latham (in answwtd the Benchl: This nnthorUv th. had walking sticks; ttfjw with walking sticks.

They ere lieve; some of them bt tan. I i fifia i the truth, and it None of the laboured nonouy had during ine away. i -ihont eiht ciock in iuc out with a gnu in his hami anoui eiui. rh, a- hid no dogs with nun, out direction of these pen ile he nan no had a short coat on, I think: cannot particular say what tim, he usually gets up the morning, bu i en early. He gave some directions over-night about he matter.

I did not see hhn shoot or point the gun direction of anv one. Cannot say what he sanl. Daw-sou as there. Yes, 1 made some ittle remark to Lord Harborough. that I hoped he was not bringing for the purpose ot shooting the people-not that I had any suspicion that he was going to do so.

I never said, Lord, If you shoot, you ill be shooting your own people." This (a letter shown is Mr. Latham's handwriting. We had no cannon the park there are some small cannot, in the hall brought tro.n Lord Harhorough's yacht By the Bench: 1 he people were going awaV, and the affray was all over, when Lord H. came out with his I did tell our men to dnve them," and they did I was afraid of the others at hrst, but 1 came back wheti I saw that our ir.en stood agarast the others. John Todd, one of Lord Harborough's gamekeepers, and the defendant in the first case, was then called.

He deposed: I was watching on Saturday morning. Mr. W. E. Hutchinson, aud one or two other gentlemei" the Canal Ccunp h-'s the right to upon your heads." It might so, but the baiter would be around their necks who used them- Mr.

Latham: If we Urel iheui, which we never intended. Mr. Burnaby But if threats of this kind are used, does it not justify us in taking a quantity of men with so that we might oppose lorce force 1 does it not take away the moral otfeuce Mr. B. then directed the attention ot the Bench to what was the sfte of the law concerning the peers of the realm, to show that the preseiK was an ufieuce for which Lord Harborough might be tried by tbe free were fresh before tbem one ne muugnt -j with reference to what Mr.

Latham had said about the agreement not to go on the towing-path till after Tuesday-he did not mean to say that Mr. Latham had made a wilful mis-statement but both Mr. Hongh and Mr. Morris were prepared to give evidence that they never thought the proceedings would be delayed longer than one day: Mr. Morris had understood from Mr.

Bishop that there would be two Magistrates there the next day, and never dreamed there would be a cessation of proceedings more than that one day. On one side or the other, then, there aooeared to be some mistake. Ou knowing what As to an assaulf.Bhe was coininit- whose names we did not learn. Ttne ted this is a great question of right-of-way, which a Court Justice should try Mr. Gillett But I want to At A near and by Fo MIL On CF tar, Tw tbe Fuj ilm von have any au- On Wednesday, the 27th day of November instant STAG AND PHEASANT HOTEL, Leicester! at o'clock in tbe evening, subject to sack eondition.J thorny in the CannAct for gi such a docuineut as this: otherwise pap Mr.

Latham fcere is the crause in nape 13 holders or lie couuty ball he then prounceu, ana as are aiso prefixed to printed catalogues, Lot 1. Aud who else-Mr. Fabling and myself? had nappeneu on nursuay, Vn Mr. Latliam Mr. Burnaby Yes, aud some forty or fifty others but -ce time Ooodveo re- rriHS Reversionary Interest In XI 16 13s.

at tbe death of person aged 80. me oaiuroay uiuiuiug. mo Bench He said be quest him to seud all the men he could spare -taking I if), ki, in itt and Callins I cannot ay whom at preseot. Mr. Latliam then addressed the Lot 2.

1 he Keversionary interest, iu iu sum oi not i. ju, payaoie at uwwi geu o. Lot 3. Tbe Reversionary Interest in tbe sum of 228, ptjl had listened with extreme patieuce to what llie learneu pum-eiuou conn Sad said-not having interrupted him more than at both police-stations between Leicester and "P'o S52 twice 5 aud he hoped the same forbearance would tbem to send all the men they could spare, in order be show to msetf. The first remark he should make that there should be uo d.sturbance After what had i extremely glad to hear one of the Magis- 1 been insinuated, he thought tt hut right that the Magw-IZ ay Are we to be guided by common sense I trates and the public should know the real An he was ure they would be, and not by the ringing of disliked alluding to anything personal, bat he not forbear remarking on what had appeared to Sm iu 'he room Lad understood.

Lord Harbo- newspaper as from oar reporters thus rough' conduct might at first appear unjustifiable; but leading the public JKSSil at tne death ot a person sgeu uj. Lot 4. The Reversionary Interest in the sum of 270, payab The intelligence from a Correspondent" which appeared in our local columns lastgtek, respecting certain tussrllinps which had taken place between the retainers of Lord Harborough on the one hand, and the retainer ofth Directors of the Midland Railway Company on the WJpHgh it appeared in the modest form of two mmoi simple side-heads, was of ancha sUrtling nam, that we make no doubt ODr readers were quite prepared for a full report of the after proceedings from "our own Reporter." They will see that their expectations were well grounded the dispute, in fact, was evidently merging into and involving questions of far more importance than whether Lord Har-borough was too powerful for the Midland Railway Di rectors, or the Directors fcr Lord Harborough than whether most beads were broken, and noses set a-bleed-Uip, on this side or that. And those questions are "VS hether it would not be the duty of the Government to invest the Bjard of Trade, or some other body, with a controlling and discretionary deciding power as to what lands are necessary to be surveyed preparatory to any great bond fide public undertaking such as a railway or a canal, aud power also to prevent a powerful body of speculators from improperly and illegally obtruding their servants upon the property of private individuals and private individuals (whatever their rank or station) from vexatiously and illegally throwing obstacles in the way of a great public undertaking, because it may happen to annoy or inconvenience them. Thus a repetition of such asseemly scenes as were witnessed at Stapleford Park last week, and may probably (though we hope not) be repeated before this report meets the eye of our readers, would be prevented.

In making the above remarks as to the grand question ultimately arising out of these proceedings, no opinion is offered as to which party has been to blame hut they are noticed as containing in brief the charge each party brings against the other: other important considerations will also probably present themselves to the mind of the reader, as he peruses our report, in which the strictest neutrality will be observed. It will be remembered, that the second of the paragraphs in last week's Chronicle concluded as to the affray thus: Another barrier was then about to be formed, when a truce was shouted by the railwayists, and it was finally agreed that each party should withdraw their forces, and that the matter should be judicially brought before the iMagistrates by issuing a summons against one or two of the men of each party which, it is understood, will be heard at the petty sessions in Melton on Tuesday next, the Solicitors and Surveyor? of the Company pledging themselves that no further attempt shall be made in the meantime." The accuracy of this statement, it will be seen, was positively denied by the Railway party, and as positively affirmed by Lord Har-borough's. Anyhow, as will be also seen from the following report which appeared in the Times of Monday lest, there was another skrimmage" on the Saturday; and we give this, as well as the quotation above, in order that the proceedings at the Melton Petty Sessions on Tuesday and Wednesday may be thoroughly understood by the reader. RIOT IN LORD HARBOROUGHS PARK, AT STAPLEFORD. (From the Times of THIRD DAV'S REPORT.

at tne aeata oi a person ageo. ju, Lot 5. he had encouraged iu it by two or three Magistrates insinuation u7 1 k.Vk-7 thecharacter of a brother papers, with a view to injure pro- 1171... I ...1.1 .1 nnl in tl.esame situatiou, whose letters he (Mr. had in his The Reversionary Interest In tbe sum of 316, partu at the death of a lady in her 80th year.

po ket Mr. Burnaby Can you give us tneir names and about seven o'clock saw a number of men going towards the footpath through the park a stalf was set up and they began measuring. 1 went to one person, and asked if he were justified in so doing. He said, Go you on, I will talk to your master." I left then, and went on towards the canal-bank by the side of the park there, there wa3 a spirit-level, and several people stood round it, to preveut us from seeing it. One of them said, If you have any value for your life, keep back!" This is the person (Coulthurst).

One man stood on one side of the level a hedge topper, and the other with a cleaver or bill-hook ith two edges to it. The man with the cleaver held it across his arm, and the man who spoke (Coulthurst) said, If he touches the instrument, chop him down." The other with the hedge-topper held it up with both hands so (in the attitude of striking). Mr. Coulthurst had a staff eight or feet long, with an iron-pointed end; there were some more people before us scuffling, and he said, they have got at it we must go to them. Run and smash 'em down and give them a good licking!" I saw him knock Stephen Stokes down with the staff, and strike the iron part through William Grooby's noat.

Saw him also stob" Win. Brown in the side with it. Cross-examined Brown and Grooby and Stokes are here: Gronby has his coat. The staff' was not one stuck in the ground, hut it was used for surveying. The top per and hook are used for the purpose, I believe, of clearing away the tops of hedges which are in the way.

Did not examine the staves as to the ends. There were Mr. Burnaby said he appeared on behalf of an information by the Midland Railway Company agaitislitTohn Todd, a person in the employ of Lord Harborough, for unlawfully assaulting John Smith. He then proceeded to address the Bench at considerable length to the following effect. The case was one of much more than ordinary interest, and it would be therefore well for him to make a few observations on the circumstances connected with it before calling the witnesses.

It would be in vain to keep back rather a loug list of transactions which must come out in the course of the investigation and from which he thought it ould appear that the proceedings had been as vexatious on the one side as thev had been candid on the other. He thought there was an attempt, on the part of certain gentlemen, to make cat's-paws of the Justices of this county they were afraid to go into a court of justice, and they wished to make the magistrates pander to their sordid feelings as a though, taken by themselves, there were many of them, as he knew, who were exceedingly fair and candid and some, he knew, were very much annoyed by the proceedings of the others. He was here alluding to the Oakham Canal Company. Mr. B.

then detailed the steps which had been taken in connection with the Syston and Peterborough Railway, and mentioned the necessity there was that, before the projectors went to Parliament, they should be thoroughly furnished with surveys of the country, These "surveys, it was often the case, could not be made without committing a legal trespass on the property of parties who chose to be so vexatious as to set up their private interests against the public convenience. There had, however, been but one case of this kind in rtiis county Lord Harborough had chosen to take upon Ivmself the unenviable notoriety of being that solitary exception and he (Mr. had no doubt it would be exceedingly congenial to his lordship's mind. Well, the surveyors were bound to make as accurate a survey as possible in that neighbourhood every conciliation had been made by the Directors as far as they could hut his Lordship would not meet them in any way in the spirit of peace and therefore, as they were obliged to have their surveys, but were not allowed to go over his park, they determined to go as near it as possible. (The learned counsel then entered into particulars as to the Tuesday's affray on the towiug path of the Oakham canal, premising that before even goiug there, the surveyors called on Mr.

Fabling and gave him notice of their intention. It is unnecessary to give these details here, as most of them will appear in the evidence, and as Mr. Macaulay, at the close of the whole proceedings, gave a most minute account of the proceeding of the ail way Company from first to last. The accuracy of some of Mr. observations was called in question by Mr.

Latham, Lord Harborough's 'attorney, who asked if Mr. Burnaby were prepared with evidence to support them and in one or twocases, Mr. B. said he should not offer evidence upon them, as this was only a preliminary proceeding Mr. Burnaby concluded by observing that, seeing the determined opposition Lord Harborough was determined to offer to the survevors Lot 6.

One Annuity of 30, (the produce of Lsnd od Monii, invested,) for tbe life of a person aged 49. togethsr iui, Polioy of Assnrance on the said life for lot), atansaa premium of 4 18s. 6d. Lot 7. One Annuity of .10 (charged on Land), for the life a person aged 60.

together with a Policy of AMursoce the said life for 100, at an annual premium of 6 17.3i Printed catalogues of the above, with fall psrticnli will be ready for delivery on and after Monday, the lft instant, at tbe Auctioneer's offices, Market-street; Messrs. Payne Freer's, Advertiser -office, Market -pltct or at the offices of BEftRIDOE 6c MACAULAY, tl Hot rju In tbe parion A I stable, Aim Closes Close, or tbei A 1m contau the bni And and co abont. For Mr. JV or to Meltt solicitor to tbe Compaoy Leicester, 13th November, 1844. DNDM AS EXECUTION, A.VD BY 0RDKR OF THISHEBIIJ.

Snperior Farming Stock, Corn, Hay, Turnips, Implements in Husbandry, ELEGANT HOUSEHOLD FURNITURE, China, Glass, Grand Piano Forte, Wuies, Books, Carriages, 3fc, HUSBANDS BOSWORTH, Leicsstxkshire. tessionai man. ueiucr uw knowing whether Mr. Macaulay passed through to aid or suppress the riot," was written, in ridicule or maliciousness on the part of Mr. Latham, he knew not, and he treated it with perfect contempt.

He not make himself amenable to Mr. Latham's tribunal, nor would he allow himself to be led away from his duty to bis clients by such means. Mr. Latham had talked abont bis character he (Mr. had a character to lose as well and when he was acting in discharge of his duty to bis clients a body of the most respectable men in the kingdom-he would not allow it to be insinuated that he was clerk to the Justices, and was aiding and abetting a riot.

He had feared there would be a riot, and had therefore requested Mr. Goodyer to send all the men that could be spared but he gave them the same directions that be gave them on all other occasions to act with the strictest impartiality and without the slightest appearance of partisanship only to act in case there was a riot. After one or two fnrther remarks on this matter, Mr. Macaulay sat down. Mr.

Latham said he was very glad that Mr. Macaulay had had an opportunity of explaining his views on this matter. With the greater part of what Mr. M. had said, he (Mr.

should not interfere but be could show, by several witnesses, that there had been a distinct understanding that all fnrther proceedings should be delayed till after Tuesday. Mr. Morris bad said so to hiiu after he (Mr. had been up to change his dress the police came to him and asked him whether that was to be the case and Superintendents Hague and Condon said they had been to the Railway party, who had agreed such was to be the case. It was possible, however, that Mr.

Macaulay mightnot have had aright knowledge of the matter and he (Mr. should rejoice for the sake of Mr. Macaulay, as a brother-professional, if he could thoroughly clear himself. Mr. Macaulay: I shall not attempt to clear myself.

I should have as thorough a contempt for myself, if I did, as 1 have for that production. Mr. Latham Then 1 have nothing further to say. The three navigators from Oakham were then brought np, and charged with having been engaged on the part of the Railway Company, in the affray of Saturday they were bound over in their own recognizances to keep the peace for three months. Some other parties, from Stamford, were also to be bound over in a similar way.

Thus terminated for the time the eventful contest between Lord Harborough and the Midland Railway Company. Mr. Macaulay has addressed a letter to us, In which he says: "As soon as I saw the statement which appeared in the Times, of Monday last, respecting the occurrences at Stapleford Park, 1 addressed a letter to the Editor of that paper, which be has not thought proper to Mr. Burnaby: Read it. Mr.

Lath am then read the clause in question, which ran thus: And whereas, in and by the said recited Act it is enacted, that all owners and occupiers of land adjoining to which the towing-paths shall he made, shall have free liberty to use the same as a footpath and bridle-way to, from, or through their respective' lands hut there is no penalty provided by the said Act to be levied on any person or persons using and passing upon the said towing-paths, who are not by the said recited Act entitled so to do, or shall suffer any horse, heast, or other cattle to depasture thereupon: he it therefore enacted, that if, in case after the passing of this Act, any person or persons on horseback, or driving any horses, cattle of any kind, or beasts of burthens, not (under the provisions of the said recited Act) entitled to use and pass upon the said towing paths, shall use and pass or drive any horses, heasts, or other cattle," (The remainder of the clause provided fur the imposition of a penalty, not exceeding 10 nor less than 5 Mr. Burnaby (who made a remark while the clause was being read): 1 now see why Mr. Latham was so unwilling to put this in it leaves a very good footway, as I suspected. But I would not refer to this point, as I understood the Bench would not go into this question of a right-of-way. Why, I have myself been in the habit of going along this very towing-path for several years, and have never met with any obstruction.

I would not wish you (the Bench), however, to go into the matter more at length, but merely to inflict a nominal penalty leaving the other parties to bring an action against tbe Railway Company if they please. Mr. Latham I would have consented to this two hours ago now, 1 shall not. Mr. Burnaby then suggested that all the cases, on both sides, should be settled in that way for the present but Mr.

Latham said, he could not consent to that as regarded Saturday's proceeding: the public were concerned in them. Mr. Burnaby Very well, then must press this case, in which the public are equally concerned. Here is my Lord Harborough, one of our hereditary legislators, sending down thirty people armed with bludgeons, to try a right-of-way quietly Why, it is owing to the forbearance of the Railway Company, and not that of Lord Harborough, that these matters were settled thus quietly. And ak when Lord Harborough is so sending down men with stick six feet long and three-quarters of an inch in diameter, I ask for a very heavy penalty on this defendant.

The Bench, after consulting, said they dismissed the complaint leaving the parties to try the right of way as they pleased hut the present case was so trilling as not to be worth their (the Bench's) consideration. LORD HARBOROUGH v. MIDLAND RAILWAY. The second case was then gone into, the parties changing places. Thomas Hibhins, of Oakham, labourer; Edmund T.

Mullins, of Birmingham, surveyor; Heury Rooper, of Derby, surveyor; Charles H. Cope, of Birmingham, surveyor; George Richardson, of Nottingham, surveyor's assistant Joseph Coulthurst, of Jermyn-street, St. James's, engineer arid Charles Parker, of Handsworth, near Birmingham, all, with the exception of IJibbins and Richardson, young gentlemen in their dress and manners, and who all seemed to enjoy the spree" amazingly in which they had been were then charged, we believe, ith a riot and assault in Staplt-ford Park last Saturday. Mr. Latham, in addressing the Bench, said he believed a more important case than this had never come before tbem but he should say as few words as possible, because he felt the case was stronger than the solicitors for the defence were at all aware.

It would be useless for him to go into the chief part of the transaction the only part on which he should make any remark was this The Midland Railway Company was a powerful body, as Mr. Burnaby hadsaid. It was composed of strangers to that part of the country, who had thought fit to take measurements of the country from Stamford to Syston, for the purpose of a railway. But they had no Act of Parliament they had no right by law to enter upon the private estates of individuals; yet they had executed that right, and in many cases uncoorteously. He would not, however, excite any angry feelings by stating the instances of that but he wished to impress upon them (the Bench) the fact, that on Thursday, the 14th, a Mr.

La haul No. they are confidential communications. Mr. Bnruaby Then ihey must not be produced. Mr.

Latham bad also a paper in wb.ch there was an account of a surveyor beiug fined (10s. aud 8s. costs) at Wakefield, for making a survey over certain property wiih'iur the lenve of the proprietor. As to the warrants against himself and Kaldiug, if they were granted, uei her of them would ask to be admitted to bail they would thus be relieved from any apprehensions as to preserving the peace of that part of the county, by responsibility being taken from them. Mr.

Burnaby had not beeu of his insinuations, or abuse of Lord Harborough even goiuit so fur as to say that Lord H. had forced Lady H. to go with him to witness a scene of bloodshed. Mr. Burunby read an ex'raet from the letter in the Times beginning At this moment," die.

Mr. Latham would explain how that was. Lord Harborough had been very ill, he was very excited, and Lady Harborough, as an afieclionate wife, accompanied him to see if she could be of any service to him this was after the disturbance. He (Mr. would now give what he conceived was the common sense view of the law.

They had there persons whose opinions weie considerably iistened to; Mr. Burnaby, a barrister, brought up at the Temple, who was prompted by Mr. Macaulay, the Clerk to tbe Justices of the Peace of that county; aud what did they propound Why, if a body of men chose to enter tbe private lauds of another, that owner must with his hands behind him. and wait till he could get a magistrate to grant a warraut before he opposed them Mr. Latham argued against tiiis view as likely to lead to great inconvenience and injustice in many instances, of which he mentioued two or three suppository cases as illustrations.

As to ihe letter in tbe Times, be was nevermore gratified than by the opportunity allowed him by Mr. Burnaby ot explaining. On tbe Thursday, he and Mr. Morris met and agreed to settle all these matters before thf magistrates on Tuesday (yesterday), till when no further proceedings should be taken. On the Saturday morning, wever, he (Mr.

received a letter from Mr. Fabling, informing i in that the Railway people would be there, aud ishing him to me. He was very sorry to hear this, and wrote circular letters to the magistrates, after which he and Mr. Fabling met aud arranged plans of defence. He (Mr.

ihen went to Oakham, but still could not believe that persons like Mr. Morris and Mr. Hough would rims break their word when, however, he got a mile on the road, he met a man. who, supposing him to be one of tbe Railway party, gave such information told him a dreadful attack was to take place. He thought therefore the only way to prevent a disturbance would be to frighten th'ni.

He wrote that letter, aod went to the Crown Inn, wheie he found the Railway party were assembled and, as one of Messrs. Berridge and Macaulay's clerks was still tiiere. he served the letter nnou him in bed. tLauzhter. TO SOLD BY AUCTION', Bv B.

Paynb, On Monday, Tuesday, Wednesday, and Friday, the 25tii 26th, 27th, and 2i)th days of November, 1844, HE whole of the superior FARMING STOCK T1 Implements in Husbandry, Corn. Hay, genteel At tbe Wedi o'clo will A1: as a Cu purtena: iu tbe ex-r. For fi Auction Soiicifoi To Ti nionern uttiMl wines, noons, LarnagM, iaj Kffects of the Rev. HENRY PALL1SER COSTOBADIsJ at HUbBANDS BOSWORTH, in the cuunty of Leiceatw, First Day's Sale, Monday, 25th November. THE FARMING STOCK, Consisting of 120 ewes, 124 wether aud ewe lamb, flfrv two sonthdowns, eight fat sheep, six dairy cows, six calvetj twentv-three sturks aod rearliutf.

eleven useful druaij horses, sow and pigs, two fat pigs, six store ditto; $-ocmL and narrow-wheel waggons, tj-ioch and narrow-wheel mtit ploughs, harrows, iron and other rolls, horse-power cbitfn cutter, winnowing machine, ladders, sheep troughs, erjlutf water cart, bean mill, sack hags, nine sets of horse tsckUl Seaks, turnip cutters, laud pressor, horse hoe, eight furrow drill, rick cloth, fifty iron hurdles, drill and preur( and numerous other implements, the whole of which very good. On Mo QU 26 etanding Forrymi Dione mence ii The a wharf, a To vie ca'aloem To Timl Also, two hovels of wheat, two stacks of barley, hti After the arrangement that had been come to by Mr. Morris (the railway clerk of Messrs. Berridge Ma-caulay) and Mr. Hough on the part of the Railway Company, and Mr.

Latham on Lord Harborough's behalf, that all contest should cease till Tuesday, wbeu all parties agreed to appear before the magistrates, the neighbourhood of Stapleford assumed its usual quiet appearance. But late on Friday night Mr. Fabling, the steward, heard a rumour that the railway party intended to make another attempt the following morning. As early as four o'clock on Saturday morning arrangements were making by all parties to muster their forces, and to prepare for the attack and defence. The railwavists obtained large bodies of stout men from Stamford and the Peterborough aud Midland railways, part having been during the night at the public houses in Oakham, others at Melton and distant villages.

The attackers lad provided themselves with Ftaves in addition to those with iron points at one end, and a formidable billhook used by the surveyors, Messrs. Cope, Colthurst, Parker, and others, in their business. The steward and solicitor had procured waggons and strong hurdles as barricades, aud a fire-engine to pump on the euemy, at the point expected to be first attacked, but being very anxious to prevent bloodshed, would not permit their men to have so many weapons of defence, or of a like formidable character as their opponents. Mr. Latham proceeded on horseback towards Oakham, to reconnoi're, and to bring immediate tidings if it were found that the rumour was correct, and having learnt on entering Oakham that there was no doubt a desperate attempt would be made, wrote the following letter, and served it upon one of the clerks of Messrs.

Berridge Macaulay, in bis bed room, at the Crown Inn: Dear Sirs, Lord Harborough, the Oakham Canal Company, and the Midland Railwav was going on the towing-path of the canal, the Railway Company were as determined to try the question vfchether he had a right to do so. The Bench thought it was a case for a superior court, rather than a petty sessions; but Mr. Burnahy observed that he should be able to prove the assault, and he called John who deposed: I am a surveyor in the employ of the Midland Railway Company, and on the 14th of this month was employed at Saxby," where there is the Oakham Canal, with towing-path by the side. Was on it that morning measuring with my chain. 1 had two assistants and perhaps twenty-five servants, and other people on the part of the Company.

I started, with my assistants, along the towing-path first saw a great many other persons on the path they were all together behind a fleak or hurdle, about forty yards behind the bridge. It would prevent a horse from passing unless by jumping over. They all had large sticks, three quarters of an inch in diameter. I had occasion to pass this fleak with my chain, but these men, on my trying to do so, pushed me back, and Mr. Fabling ordered John Todd (defendant) to stop me, calling him by his name.

Todd laid hold of me by the collar With his right hand and as I found I could not get through, we tried the other towing-path (on the west side of the bridge), where we were joined by the other servants of the Company. The thirty men then mostly followed us over, defendant being one of them. Fleaks were also put across the path there, and my men came to assist me in measuring there and attempted to force a passage, by pulling up the fleaks in trying to pass hich my chain was broken. Could not say that Todd took any part in this Mr. Fabling gave directions.

It had been arranged on both sides there should he an assault committed to bring the matter before the Bench. (Laughter.) By Mr. Latham: I did not hear Mr. Burnaby's ditto oats, one ditto beans, stack of bay, ditto clover, t4 insert, and of which I therefore subjoin a copy in the hope He also prepared a letter for Mr. Hough, but when he Jott ll publicity to it, in the event of your haviug stacks of straw, twenty-niue acres ot turnips, two aod hair acres of potatoes, extr.cted tbe statement from the Times.

I beg to add went down stairs he fouud that daylight was breaking, and Second, Third, and Fourth Days' Sales, Tuesday. WedoeJ day, aud Friday, tbe 26th, 27th, and 29th of November. tat Mr. Latham avowed before tbe Magistrates yesterday, iha authorship of tbe pretemled 1 report' iu the Times, and I ran only account for the exclusion of my letter from that paper by supposing that the Editor was naturally enough ashamed of letting it become manifest that he had allowed his paper to be the medium of palming upon the public the erparte statement of a partisan under the guise of an inde HOUSEHOLD FURNITURE, In the Drawing Room There is a complete suite of rosewood furniture, cODsiitl ing of twelve chairs, with loose seats, in silk damask, the Railway men gone so he set off without serving it. The cannon had been mentioned on tbe same principle that Captain War.ier's invention was to act it was to be s- roethug so dreadful in idea as to frighteu parties fiom oing to loggerheads.

(Laughter.) That was the real history of the case: Mr. Fabling knew nothing of the uiatier till he saw the. letter, when be was quite surprised. The caunou were mire toys, iu Loid Harborongh's bell. Mr.

Burnaby had chosen to speak of the go id ta-te of sending reports to the papers and he was very ud of quoting bits of Latin. He (Mr. would give him a Tt On Tn two ottomans, settee, in damask, two seat Ottoman, cirecj lar loo table, oblong ditto, both on pillars and tripods, pad of pillar and claw card tables, chelfioDere, wilb marble tcl and plate glass back, tea poy, splendid grand piano-'or-t and music stool, set damask enrtains, with gilt coroiei large chimney glass, in gilt frame, bronze and steel feoderl and are irons, Brussels carpet and rug, Spanish gaitw.k shells and china ornaments, threo alabaster ngures wift shades, set chess-men, elegant solar lamp, on china pl destal, The Dining Room Furniture Embraces a set of excellent Spanish mahogany tslescoff dining tables, with stand for leaves, 12ft. by maho the presence ot the constables scene tooK place, 89 Mr. trai Ci The at urrouud the Blab; Dinner To vie lo (rues which was not creditable either to Lord Harborough or the Rail vav Company a body of twentv-five strangers speech.

When I went on Tuesday morning, was not aware Lord Harborough claimed an exclusive right to was pitt against twenty-five or thirty men from the the towing-path understood those men were put there ueighbo irhood of Stapleford and had it not been for the pendent report. Your obedient servant, Colin acai'Lay. Leicester, Nov. 21, 1844." As the letter spoken of simply contains statements embodied by Mr. Macaulay in his address to tbe Magistrates at Melton, of which we have given a copious report, it is unnecessary to insert the letter itself in trnth, we base not room.

Railway. A meeting was held at the Townhall, Hinckley, on Wednesday, November 20tb, for the purpose of co-operating with Nuneatoo, in securing a First Class Station in the immediate neighbourhood of the latter, about four miles from the former place. The chair filled by Col. Wollaston, of Shenton. Various resolutions, embodying the sentiments of the meeting as to the desirableoess of securing a First Class Station in the above-mentioned situation, and pledging be meeting to use every means to effect it, were moved and seconded by the Rev.

Mr. Dealtry, (Vicar.) Mr. Holiier, Mr. W. Cowdell, jun ReV.

Mr. Fisher, Higham, and other gentlemeu. It is to be hoped, the object of tbe meeting will be realised, and there is no doubt it would be very beneficial to this place, isolated as it is from the railwav communication. to stop me, ut i aid not Know it was to try that right. timely interference of a body of the police who m.de i was on trespass at-Know ledge, unless it is a public ttiem a I throw away their sticks, there would have gany pedestal sideboard, fourteen mahogany chain, witM road.

Mr. Fabling told me 1 was trespassing, and 1 been sa ne dreadful work. He had been glad, towards spring seats, in leather, two rosewood lounging chairs, i gave him my card. Todd did not strike me he only the end of that conflict, to find the feeling of the Rail an elegant chandelier, with six burners, and gi shades, capital eight-day sideboard clock, excellent Turket carpet and hearth rug, set damask window curtains, wit: TO no flags on them then. Saw only one topper and hook and cannot say how many staffs there were.

When Mr. Coulthurst stabbed the people, some had hold of the chains, and he shoved right at them. I had no gun or stick with tne. Dawson (another gamekeeper) identified Hibhins and Riebai dsotl as there. Cross-examined Lord Harborough was there with a gun, but I never spoke a word to him hy way of caution one way or the other.

He did not say, Well, take our men away, and I ill drill the devils Stephen Stokes examined I was iu the Park on Saturday morning I was struck on the head, and a spike was run through my hat while it was on my head. (Witness showed a wound on his head and the hole through his hat, but could not identify any of the defendants.) Jarris James identified Mullins, Cope, Richardson, and John Smith besides a man not charged. John Lewin (of Whissendine) was called as to identity, and Mr. Latham observed that there were some fourteen others in custody whom it would be much more necessary to hind over than even the present defendants there were several at Oakham, and some at Stamford. Mr.

Macaulay By whose authority Mr. Latham: By mine; I saw several of them myself. The Bench recommended a postponement of the inquiry till to-morrow, as this was (he case. Mr. Burnaby observed that, after what had passed, he should show that Lord Harborough and those acting under his orders bad been guilty of an unlawful act in assembling together, and acting as they had done.

Mr. B. here read from the law-books the definition of a Riot and a Rout, and briefly referred to the facts of the case to show that Lord Harborough and his part) had heen guilty of a rout," that they might he required to enter into sureties to answer an indicunent for misdemeanour at the Sessions or Assizes and intimated his intention of applying fur warrants against the chief parties.) Mr. Latham wished to reply to this, but the Bench said they must postpone the settlement of the affair till to morrow and, after some conversation, all toe defendants except two (Messrs. Rooper and Parker) who had not been identified were set at liberty, in o-der that they might proceed with the work they had to do before the 30th of November, Messrs.

Berridje 8c Macaulay becoming responsible for their appearance should be called upon to give security for answering any indictment in a higher court. The Court then adjourned till Wednesday morning at ten o'clock, having been engaged over this business from three o'clock till seven p.m. Wednesday, November 20. the same Magistrates. The business of tl is morning was commenced by Mr.

Latham, who called a number nf witnesses for the purpose of identifying the defendants Rooper and Parker and the first of these acknowledged that he now found he had been mistaken yesterday in swearing to a party as present at the affray who was not so he was confused by the candle-light, he said. Nearly all of these witnesses positively identified Mr. Rooper, but none of them spoke to Mr. Parker, who was therefore liberated at once; and most of them acknowledged to Mr. Burnahy, although told by the Bench they need not answer unless they liked, that they had been present in Stapleford Park on the Saturday morning, either by order of Mr.

Fabling, or one of the gamck-epers some also said that they had sticks, with them, that they often went to work with a stick in their hands, but not always and most identified, of course, Me-srs. Fabling and Latham as having been among the routers." The object of this cross-examination was to enable Mr. Burnaby to apply for warrants against Lord Harborough, Messrs. Latham and Fabling, and any of their servants whom the Company might think fit to proceed against. This part of the proceedings created some little amusement, as well as cross-firing between Mr.

Burnaby and Mr. Latham: but nothing took place of any interest beyond the Court. The majority of these witnesses, by the way, came from Whissendine: it seemed as if all the able-bodied men from that parish had heen drafted off to Stapleford. At the conclusion of the examination, Mr. Latham said he cared very little about the matter: these two defendants were the most gentleman')- of the whole party and he congratulated Mr.

Parker on his escape. Mr. Burnabv said he should not detain tbe Bench longer than to' ask them whether they considered the charge proved he did not. It as proved that there were as many as eight chains broken, not a solitary case of one and lie asked whether anything else was proved than that these defendants were in the park for the mere purpose of making a hasty survey. The Bench unanimously sent the cae to a higher court.

A conversation then took place as to whether it should not be the Assizes in December but there was a doubt as to whether that was to be a special assize, or a regular assize and general gaol-delivery. On Mr. Macaulay's suggestion, that was left an open question, until Mr. Collins, the Clerk of Assize, had b. en written to, to ascertain at which the defendants should be bound over to appear.

The defendants were bound over, the surveyors' party, in .100 each, and two sureties of 50 each; and "the labourers (Hihbins and Richardsou) in 20 each and two sureties in '10 each. APPLICATION FOR WARRANTS AGAINST LORD HAR-BOROtTOH, AND MESSRS. PABLINOAND LATHAM. Mr. Burnabv said he had now to press the application he made last night; and he was soi ry that his proposal then had not been assented to, for be foresaw what would be the consequence, that all parties would have to be bound over to keep the peace.

He must make a few remarks, as he found that one of the Magistrates had spoken of this as a most outrageous atrack" on the part of the Railwav Company and taking the occurrence of Saturday by itself it would be so but taking all things together that was not the case. Railways had now becomeof such importance, and were taken up even hv the aristocracy, that they were not to he stopped by such childish proceedings as those of Lord Harborough. Lord H. had spoken of spending an estate," as he had done in opposing the Navigation Company but he was not inclined to do so at railroad pace. However, he had by these proceedings subjected himself to a number of action-, and they would be brought against him, for false imprisonment.

The Bench, however, had thought this a trilling mat gilt cornices, die, pair rosewood fire screens, with braa poles, mahogany side table, several paintings, drawing' bronzed fender, fire irons, fto. The Bed Room Furniture Comprises modern lofty four-post and tent kedsttads, handsome damask and chintz furnitures, capital hair, straw mattresses, prime seasoned goose-coat feaibw beds, bolsters, and pillows, largo Witney blankets, excel- lent mahogany wardrobes and chest of drawers, Sps-f nish mahogany and painted dressing and wash-hand tablet' china toilet services, mahogany night recesses and bideiM towel horses, beautiful dressing glasses, easy chairs, oestl painted bed room chairs, window enrtains, feuders, ir irons, Sec. The General Furniture Consists of mahogany library and loo tables, rosewood, Windsor, and other chairs, sofas and couche. quotation De gus'V-us'' He thought it won'd be well if all people who wsote anonymous paragr phs, and sent "hem to the n.tpers, would follow his rule he never vviote anything of which he wns afraid to avow mself tbe author. There were some mistakes in that rep rt, (as to the dura'bin of the fray, and as to Mr.

Morris ving been present, while he was really with Mr. Macaul.iy), which had been fallen into and which he would correct. It had not been his intention duiing these important pmceedings to bring play any viudic ive feelings aud he thought it very bad tast in Mr. Burnaby to ask for a warrant against Lord Harborough. Mr.

Bnruaby, laughing But that is disputing tastes." Mr. Latham: It was; and that would have been very bad taste iu him had he L.J asked for warrants against all whom he meant to include iu the indictment, but who bid so many good things of this life that they were not likely to leaie England. He should not, however, stop with these surveyors, but should include those others in tbe iudictment while if the Grand Jury should think fit to brow out the bill against them, he would congratulate them that such was the case. There should, however, be no favour shown or, if there were, it should he for those poor men who, for the sake of five shillings a day, had lent themselves to aid and abet this serious business. He was sorry that employment was so scarce, aud l.ibonr so badly paid in this country, as to induce them to consent to this.

Mr. Burnaby having replied, the Bench retired to consult upon the course they should take. After a short absence, they said they were unanimous in refusing the warrants a remedy was to be had elsewhere. Mr. Fabling (to Mr.

Latham) Then we are at liberty now Before tbe next cas9 (agarnst some Navvies" era-ployed by tbe Railway party as was gone into, it was suggested that the proceediogs should here, the Railway agents undertaking not to trespass any more on Lord Harhnrongh's estates but Mr. Macaulay said that though he hud heen prepared to entt-r into such an agreement on Sunday and yesterday, yet he had then no means of knowing where tbe of Lord Harhorough's estates were situated he was in the same si'uation to-day and he whs not prepnred to enter into any agreement which might be unwittingly broken. Tbe only question was. Had not enough been done by binding over these parties very sorry to receive information early this morning of your intentions of again attempting by force to go along the towing path and Lord Harborough's and Mr. Fabling's land, contrary to the promises made by you and your agents on Thursday last.

You then agreed that all hostilities should cease till we had been he'bre the magistrates. I beg to give you notice, although I much dislike physical force, that we are fully prepared for you. We have barricaded the towing path, and have in readi ness a few cannons from Lord Harborough's yacht. If you force ns to use them, as a last resort, the blood be upon your heads. I am, dear Sir, yours faithfully, William Latham.

Oakham, Saturday morning, quarter past 6 o'clock." At seven o'clock, as day began to dawn, an attempt was made by a party of about ten men on that part of the canal towing-path adjoining the park nearest Melton, but this small party could make no impression. Mr. Macaulay, who is Clerk to the Leicestershire Magistrates, passed through Melton to the scene of action early, but whether to abet or suppress this riot, at present we have not been able to ascertain. At the same time (seven o'clock) a party of nearly 100 men climbed over the park paling on the part nearest Oakham, headed by Mr. Morris, solicitor, Messrs Cope, Rooper, Colthurst, and others, the surveyors, and commenced measuring with three or four chains the party being so formidable, and his lordship's retainers having been dispersed at several points in the park containing 800 acres of land, the force at the part where the breach was made, was too small to resist them, and were mere spectators.

Mr. Latham, unfortunately for his party, went to Oakham by Whissendine and Langham, aud missed the great body of men, who came by Ashwell and Teigh, and the forces of his lordship were not, therefore, concentrated to the point of entrance. By the time the surveyors had reached opposite to his lordship's beautiful cottage, where he resides, when Mr. Fabling, on a pony, came up, bringing with him a few of his troops. Mr.

Cope told him that if he wished not to be hurt, he had better retire: and on ABOI Bl well ttaei Far Of Nether Middle Hay Tumble H.r Great 1 Stubble The co: Mr. U. Tbe Ii put his hand on my collar, as had been arranged should be done. (Laughrer.) Mr. Fabling pointed "me out to him.

Mr. Gillett observed that nothing bad been said about this in the examination by Mr. Burnaby. Air. Latham Of course not.

Cross-examination resumed There were two assaults the west assault was an arrangement the east consisted of Todd's pushing me back and resisting me. The object of the arrangement as to the west assault was to bring the matter before the Bench I heard that: we were then to draw off our forces on both sides. I was near when the arrangement took place. Re examined I had not consented to be collared. By Mr.

Latham: Believe it was also arranged that some of Lord Hatborough's party should be assaulted. Mr. Latham (to the Bench) There was a mutually-arranged peaceable collaring (laughter): it would have been very unjust had it not been so. By the Bench The police were present, but not when the collaring took Believe they were brought to our assistance. Do not think 1 assisted in removing the hurdles the assault was commenced before then.

I tried just to push my chain through the bars. There was no unnecessary violence used only pushing me back. r. Burnaby The hurdles had no business there The Bench But if a person is trying to get into a house, if no unnecessary violence is used in keeping him out, it is not an offence against law. This closed the case for the complaint.

easy chairs, two oak secretaires and bookcases, Brassels Kiddermiuster, and stair carpets and rugs, brass rods sodl eyes, hanging and bracket lamps, mahogany ball chairs' and side table, wheel barometer, very large hall stove sad piping, portfolio stand, bell pulls, window curtains, slipp'--'' way servants coincided with his own- that the question of right of way should be tried as betwi en gentlemen that each side should select a man on whom to commit a nominal assault, and each should get a warrant against the othet and that they should come before the Magistrates to bring it to an issue, and that all further proceedings should be suspended till then. Had that agreement been adhered to, all the Bench would have had to do that day, would be to try that question of right of way. But what was the case On tbe Saturday morning, as early as half-past six, a body of men, more than 100, nearer 120 in number (it was n3t in the dead of the night, but the arrangements were made in the dead of the night) assembled and forced their way into Stapleford Park, contrary to the agreement that had been made by the solicitors of the Company of that Company which was said to have millions at their disposal." Some remarks were here made by Mr. Macaulay and other parties, which we could not hear. Mr.

Macaulay afterwards stated that Mr. Hough and Mr. Morris (from Messrs. Berridge Macaulay office) positively denied that they had made the agreement asserted by Mr. Latham.

Mr. Latham made some reply, which we could not hear either: he then called his witnesses. The first was Mr. G. Minkley, his clerk, who was about to depose as to the agreement above referred to but the Bench declined going into that question, as there was no doubt the proceedings ould be taken into another Court.

Mr. Fabl ing then deposed received some information on the Friday evening, in consequence of which, early on Saturday morning I made every preparation for fencing off this attack by harricading the towing-path and getting together a number of labourers. This was a little after four o'clock. Then stationed myself at the Saxby-bridge, and i heard a tremendous shout from a distance anouc half-past six it appeared to come from the persons at the bridge and others at the other end of the park. It was said the Surveyors were in the paik.

I went to Wright's cottage, and saw from 80 to 100 who were apparently scuffling with some of Lord Harborough's men. Believe the first person I spoke to was Mr. Coulthurst (one of defendants) to whom I said this was the most disgraceful proceeding I had ever witnessed. Cannot say exactly hat he said, there was so much confusion but I warned them they were trespass, ing in Lord Harborough's park. 1 believe it was Coulthurst who said to me, Now, Mr.

if you do INSURRECTION IN SPAIN. We have received accounts from Victoria of the night of the 13th instant, by which we learn that on the previous day a serious insurrection broke out at Logrono, in the province of Old Castile, at the head of which the celebrated Martin Zurbano has placed himself. The 12th was General Zur-bano's jour de frte, and he celebrated it by proclaiming "the Constitution of 1837 pur et net" (or, as was the cry in England during the excitement of the Reform Bill "the bill, the whole bill, and nothing but the To the cry of "Viva le Constitution de 1837," was added the cry of "Viva Isabella and death to the tvrants." Zurbano was at the head of four hundred men, and was hourly gaining additional followers. He marched from Logrono to Najara, a town of 7,000 inhabitants, where he met with no opposition, and was directing his steps towards Burgos. The part of the country where this insurrection has broken out has been the focus of several insurrections, both Liberal and Carlist.

In the neighbouring towns of Ceniaro, Azo, and Burgos there are thousands who are disaffected to the present government, and only wait for an opportunity of rising. We have it from the best authority that this rising is not an isolated or solitary act; it has ramifications throughout the country, and from the information we have received, we have every reason to believe that before forty eight hours pass we shall hear of pronunciations in several other places. The kingdom of Old Ca.tile, as well as the neighbouring provinces, is described as being in a state of the greatest excitement. BRO CH yard, at at eleven HE1FEH 8HKKP, CALVBJ Catalog tbe Nag' Leicester Burton White Auctiouei The Si forty-ume Lot fifty to keeD the Deace, fec. bath, mahogany secretaire and bookcase, with folding doors large painted cupboards, long deal table and form, mahogany butler's trays aod stands, tea urn, large taestl uastener, copper stewpans, capital 8-day clock, in case, weighing machiue and weights, set block-tin covers, together with a great variety of brewing tsm! dairy utensils, die.

Sec, small quantity of linen, and boui" 300 volumes of buoks. The Wines, c. Consist of some prime Port, Sherry, Claret, Cbampags I Hock, about 40 dozen of Cider, die, fcc. The China and Glass Closet, Contains a very handsome iron stone cbtna dinner rvicl quite complete ricb cut decanters, desert service, bui- some china breakfast and tea sets, ricb cut wines, tumbler, goblets, fec. finger glasses, wiue coolers, greo bock I glasses, cut water crofts and tumblers, jugs, dishes, kc-ii die.

In the Coach and Harness Houses Are a very good chariot and gig, set double harness, Wj gig harness, two capital saddles, two ditto side ditto, p4 The Bench (in reply to Mr. Latham) said the responsibility of preserving the peace rested uow pretty well wi the Co'iuty Police and Mr. Fabling stated that the estat-s were in a ring fence, and lay in the parishes of Fteeby, Saxby, Stapleford, Wymondham, and Whissendine. The nch hoped the Couuty Police could be dism'sed. Mr.

hoped ihey would not be yet there were other parties who st.iod as much in need of their assist tuce as Lord Harborough. It was perfectly clcr to lawyers before, and was uow clear to everybody, that the towing-path was open to the public. Mr. Latham then addressed the Bench for the defence, observing that it was often his lot to appear before them that whenever be had done so, he had always experienced great kindness from the Magistrates and in return for that he should be very brief in his remarks. Mr.

Burnaby had made a very long address to them, in which the words vexatious," cat's-paws," frequently occurred and he (Mr. had thought he should make some comments on these observations, but he would not he should make a long story short. He should call before them Mr. Fabling, and from him they would hear why those hurdles were put down that the Railway Company had come there with twenty-five men and that Lord Harborough had endeavoured to resist these men from forcing a way along this towing-path in as quiet a way as possible. Mr.

Fabling deposed I am steward to Lord Harborough. Before Thursday, 14th, 1 had conversation with the Railway Company's surveyors as to what. Lord H. intended to do as to his ow land and the towing-path viz. preserving his right of way over both.

I tried to bis refusing, the railway men were ordered to remove him. Mr. Fabling ordered the measuring chains to be taken up. His situation at that moment was perilous but being much respected by his lordship's tenants and servants, they rallied round him for protection, began to feel confidence in their leader and their own stieugtb, and fife fight became general. To describe the scene that followed is impossible.

Brown, the lock-keeper of thr Oakham canal, a powerful man, rendered great service to his lordship, sending his opponents head over heels at every blow the noise was so great that it was beard in the villages two miles off. The spikes of the railway party were thrust into the sides of the defenders -of the park, and after a hattle of about five minutes, and -many broken heads, wounded faces and sides, the lower grade of the intruders gave way. At this moment his lordship (accompanied by Lady Harborough) appeared, "but being weak from a very severe illness, was not able to get near the scene of action. The noise having brought together more parties of his lordship's men, it was evident that the railwayists must beat a retreat, their staves and chains having been broken into many pieces. Air.

Fabling, who we are Had to sav uus not Our accounts from Madrid are of the evening of Mr. Latham: 1 deny that; snd can convince yon of tlle 13th, at which time the capital was quiet. The your error in a moment, if yon will go into that questi. n. Cortes wtis proceeding rapidly with the clauses of aouoie and single reins, bridles, martingales, Also, an excellent green-house, several cucntnbet frames, iron roll, garden tools, a large quantity of greenhouse and other plants, and about five quarters of cspl not wish to tie hurt, you had better go out of the way." I I said I thought I had as much right to be there as "he nr.

L-aniam, uowever, aauen, reply to a rurtuer re-, tne new constitution, every amendment moved by mark hy Mr. Macaolay, that had he (Mr. L.j been coo- the Opposition being rejected by large maiorities suited, he sboiud not have a. ivised the proceedings which Marian" Chronicle va. had, and more.

He then called to his men to take this man and horse out of the way" meaning me and the impress upon them that Lord H. had authority from the poUv I was on. A SCllflie enMU.d) Lord toon piace on tne towing-parn. Oakham Canal Company to keep off all trespassers from malt. Sale to commence each morning at Ten.

Catalogues may now be had, at the Talbot Tod, Wei-1 ford; Angel Inn, Harborough; Crown Iqo, Latferworibi Mr. Macaulay said he could nof, after what had hap- I 1 he government, it said, are getting up a new lered to case against General Prim a matter, unhappily of i no trreat difficulty in a caoital whrt. tcn pened. give any such pledge, and the case was ord came to assist me, and moved out of the way had I not done so, it would have been very bad. The surveyors had long staffs, with iron at the end, used in their work cannot say if Mr.

Coulthurst bad. One of them had the towing-path I also warned them to keep off all lands in the occupation of myself and also Lord park. Gave them fair notice that Lord H. claimed ex- be proceeded with. Prior to that, however, Mr.

Macan sv said, perhaps ihe Bench would allow him jury and assassination are tho snrxat- rv.arle riucuoueers Unices, Leicester and place oi N.B. Esery lot must positively be paid for at tbe dose of each daya' Sale. i c.u.ne r.gnr. over cue uming-pam except as to uoat- al(SO a sort of billhook. After this conversation I ordered men.

Ibis was on the iuesday morning. The sur- the mm tn veyor to whom I spoke is not here now. On Thursaay, were pushed on one side by the survevors. I then ordered Syston, near Leicester. i saw smitn 10 lorce tne passage on tne east tnein (Lord men) to take the chains up, when they side, at first by poking his stag against the persons legs were knocked down with the staves the survevors and Grass and Straw Keeping, Turnips, Implements in the interval while the defendants were beiug brought motion.

It is to be apprehended that Zurbano's from the lock-up, to make a few remarks which he had pronunciaviento may have a bad effect for Pi' all along been desiro113 of he wished there i However innocent he may be, Narvaez will mS should he no misapprehension with respect to the views of scriinlp a momer, i not the chief parties iu this und-rtaking aud their agents, and I hfe' lf he find3 that this explanation shonhl go forth to the public, as well i ina, the slightest advantage in as why they had uot hitherto taken cognizance of Toes- Puttuig awn Zurbano insurrection, day's proceedings, criminally or otherwise. With resp ct We have no later accounts from Lffrrono bnt to tbe snrvey. they had always known that Lord Harbo- we understand there is no doubt that the insir numb was dirduelined to railways; and so much as six tion is of a most fonnirlhl rnA wi 1 injured, would not let the ten persons following get out of the park, without giving their names, which they did with some reluctance as Thomas Hihbins, of Oakham Thomas Markham, of Alconbury; Edmund Talbot Mellon, of Birmingham; Joseph Cranley, of Exton, Hertfordshire; C. H. Cope, 29, Temple-row, Birmingham Henry Roop.

of Derhy George Hutchinson, of Nottingham Briggs, of Birmingham (he declined giving his Christian name); Colthurst, 40, Gracechurch-street, London Charks Parker Handsworth, Churchiil-street, London. Expresses were sent off to the Magistrates and police -early in the morning, informing them of the contemplated attack; but some being from home, and the affray taking place so very early, th-y were not able to rrvicL Husbandry, Horses, Dairy Urewing census, protecting the hurdle Poking, Mr. I their men bad. A more disgraceful scene I never wit -Fabling are you sure of that by that was an nessed. Several of tbe staves were broken, aud the hot-assault! Fabling: I cannot say tom parts 0f tnem (with the iion end) used about the who owned those legs think it was lodd, who was on i beads of Lord Harborough's men.

I cannot say ex-the other side of the fleak. There ere two rows of I imw affrav mro tu, ks ado, a conversation took place between himself aod ramifications are vptv rV U3 df-c. dj-c. TO BE SOLD BY AUCTION', By B. Paynk, On Monday, the 2nd of December, 1844.

npHE GRASS and STRAW KEEPINO. TURNIPS, I IMPLEMENTS, HORSES, DAIRY and BRKW-INO UTENSILS, and Effects, of Mr. BEXJAyl ADCOCK, of Syston, in the county of Leicester (wio tlieir Cliairman udsou) and Mr. Fabling on the sub tbt a V.J- wen Known tnat tne bterra of Camr-m. whinh i men, one on each side.

Did not see Todd strike Smith, or any one eKe do so even. Gave particular caution to all of them not to strike. Cross-examined by Mr. Burnaby There were two or three men with Smith at this time, perhaps there were ject, fiom which they were very much in hopes that 1 bourhood of th ZSLZTZTZZZ Mr. abliiig would be able to convince his lordship nar womu iuc insurrection nas that it wo 4he spot in tune.

I reals were ued of fetchine more be better if Uh would ailow the uurvev and tee if the line 11 13 peopieU with persons at all ter and nerhaos it was looked at by itself. But these times men by the railwayists, hut as the first nartv hpnw UMhv nn ihp other. Cannot snv for nrtint nnrHMP not be so manage 3 i 1 .1 t- i r- 1 m1 as to meet his views or cause "Pe tor insurrection, and that they are devoted to Nothing, however, was pledged on 1 partero, who, as well as Zurbano hinwlf lo Aotlnng, however, was pledged on partero, WtlO, as as Znrhaim Smith poked his staff among the people's legs. Cannot sometimes one party appeared to be conqueror, sometimes the other: Lord men were beaten mostdnad-fully at first. The remainder of Lord men then came up very few of them were armed, and those simply with walking sticks, so far as I know: that was at my request, I having cautioned them never to strike a blow unless they were struck.

Lord party was at length victorious, the scene becoming so disgraceful that I said to our men, Now, drive and the surveyors' party were driven off many of them being driven into a corner, I having told our men to barricade the chief men, and not let them out till got their names. Mr. F. then identified five or six of the defendants as nun annoyance. declining farming pursuits) consisting of two capital Intends inch-wheel waggons, with rathing, tbrea sU-locb-wh' Kila, SSnLfi.

irr" 10 of that of Martin ZmL has Ing to th and it StSZ foidable opponent, of say that he bad his chain at tbe end of his pole it was in his hand. There were many people behind the fleak have not heard any of them complain of being poked (Laughter.) First heard Lord Harborough had exclusive authority over this path twelve months ago. Saw the Railway party on the Tuesday before on the towing- done. They then mert ly npou tbe aud Ulerc 7 7 Provinces. Originally a were four boars quietly measuring before they were inter- and i art113 Don Carlos, fered with, and the circumstances took place which he need I .1 Vdour and prowess did an immense parties were there on Saturday morning, for what? not for the purpose of committing an outrage, but merely a trespass, for which they ought not to have been taken up.

And when they had been driven off from where they had a right to go, did riot see that it was so great an outrage to go on Lord Harborough's property, and see if they could not continue there by brute force. Lord. Harborough had set the example, and must be met ill the same way. It was for the magistrates of the county to interfere it was a violation of the law, bat it was not an outrage against Lord Harborough. He (Mr.

was sorry thtre was a necessity for applying for warrants against the other party but as Lord Harborough had chosen to press the law against the Railway servants, he (Mr. must against him and Sev hotter from the Times account. auu iuc sianpm or nis lordship 's HicreRsed very minute from tbe village of Freehy, Saxby, Wv-Tnondham, Whistendinc, Teigh, and other places, the day closed, leaving bis lordship in undisturbed possession of hi park. We are informed that it i essentially necessary that the survey and level of Stapleford lordship, through the park, should be taken, to that the plrm cno he deposited by the 30th of this month and this accounts for the determioatioa of the solicitors and surveyors. Our reporter Haw several of the wounded men of ids lordship's party, bat at present is not able to give their names although their wounds are very painful, there are none, re happy to say, dangerous.

Warrants for ike agitbensioo of several of tbe rioters path: did not permit them to go tiiere will swear 1 did having been engaged in the affray among the surveyors' afore, Lnod, ttehSal "Ad othej ea'a th I f0 Dt.j carta, double ana single ploughs, two turnip caw" Pridmore), chaff cutter, three pair of harrows, sbset din scuffler, drag rakes, corn try, cow cribs, sack bags, hot tackle, desks, sheep troughs, ladders, brewing eOff mash tub, several well seasoned barrels, capital cbe press, with iron screw, milk slate, churn, brass pan, single barrel guus, dia. dco. Also, three useful draught horses, thirteen scrs pital grass keeping, font acres of Swede turnips, wh'- straw off twenty acres, barley ditto off eight acres, good fold yard, the wholv to be consumed on the gio by the Coth. of March next. Catalogues may be bad at tba Auctioneer's oc place of sale.

uot recapiiulate. It was ch-ar they were in the prosecution of their duty that th were not on Lord Harbo-rotigh's estates yet they wi re apprehended and treated with every iuiiiguity.t and a very valuab instrument was The mistake, Mr. Latham said, arose out of Mr. Morris wearing a rc handkerchief, which several of the surveyors partv wore. I he ria'ty were set at liberty by being tilted out of the cart into th nud thus the insininiirot naa broken.

to tue cause of Queen Isabella. or these services he was rapidly promoted, and at tne present moment he is one of the oldest as well as one of the most noted generals in Spain. General Ametler and his aide-de-camp, who were arrested whilst attempting to enter Spain, arrived at Chaumont, on the 14th, in the custody of the police. not say I hoped that that would do: gave them warning party. Cross-examined hv Mr.

Burnaby: I have no then to keep off. There were twelve or fourteen of Lord i doubt as to the gentlemen I hsve pointed out. I was Harborough's men on the path to prevent them. They terrified at the time, greatly. When 1 heard the noise might have been there for four hours.

Showed them and go! up to the spot, there were none of Lord no authoriiy for keeping them off. Mr. Adam, of the i men among the eighty or hundred: there might have Oakham Canal Company, told them Lotd Harborough been some perhaps, at any rate Lord men were had tbe exclusive right to the towing -path. I there. Was not there when tbe scuffle began.

I.

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About Leicester Chronicle or Commercial and Leicestershire Mercury Archive

Pages Available:
28,817
Years Available:
1827-1900