Freeman's Journal and Daily Commercial Advertiser from Dublin, Dublin, Ireland • 3

THE JOURNAL RIDAY £Xr INTELLIGENCE It Mr is another perhaps or re blessed of at 1 or you must are not allowed in Akibto that these provisions could not tne jurisdiction of and their ju I have notjpor have I adve'f live employment their share of possible to avert a making demands wl wish this risk khoulc I am TO THE MOST REV AND RIGHT REV THE CATHOLIC BISHOPS IRELAND Strbp Teach me some of your reasonings What ever you demand for yeur trouble I swear by the gods to pay ft JUU Soc By which gods do you swear know thr thA rrnnq i Clouds COURT BENCH Yesterday (Before Judges Burton Crampton and Perrin) THE ORANGE RIOT IN ARMAGH The Queen Brien and Woods Mr Napier (with whom was Mr Ross Moore) applied that the prisoners who were in custody in the gaol of Armaeh on a charge of Manslaughter should be libe rated on giving such bail as the court might direct He moved upon the depositions taken before the coroner and also upon affidavits of the prisoners themselves The un fortunate occurrence upon which they were charged arose out of a procession of Orangemen on the 12th of July Their lordships were aware that before that time there was in existence a wholesome and salutary act of parliament to prevent such processions that act was but a temporary one and the legislature in its profound wisdon suffered it to expire and did not deem its re enactment necessary the result was that the prohibition having ceased it be came open to parties who thought fit to indulge in such things to meet in procession and whether that course was politic or proper it is not for me discuss sufficient that those who thought such things judicious had the power to them by the act of parliament ceasing to exist and consequently on the 1 2th of July at Armagh there took place an Orange procession It appears that in the morning of that day a large number of persons assembled andmarched out of town into the country where they were met by other persons entertaining the same opinions and feel ings all went on quietly there was no disturbance at all until a later period of the day when they returned to town and on passing through a certain portion of it another party had assembled who made an attack of stones upon the Orangemen and the result was what any body acquainted wjth human nature might expect both parties were influenced by strong political and religious some shots were exchanged at each side and the unfortunate man John Boyle lost his life but the two men in confinement though present took no part in the affray they had no fire arms nor other weapon and in their affidavits they swore positively to the absence of all hostility of feeling or object Mr Napier proceeded to argue that as the safe custodv of the accused party for trial and not the punish ment of the individual was the object of imprisonment before trial so in this case where there was no proof that the prisoner were the persons who fired the shot and as they were ready to give good bail the court ought to ex ercise the discretion vested in it and grant the application An application of a similar nature observed was made on the same case before Judge Perrin in chamber and re fined but with gre it respect for that learned judge opi nion he would say that there was nothing on the face of the depositions to constitute a charge of felony The learned gentleman cited many authorities in support of his views and amongst others a judgment by that highly constitutional judge Lord It was im portant that in these political times that there should be no suspicion on the minds of the people of the purity and im partiality of justice there could not bo the slightest doubt that these men would be forthcoming and though the transaction was much to ba deplored the circumstances from which it sprung were perfectly lawful and they were ex ercising a lawful right Mr Brewster QC appeared for the crown and said it was his duty to resiit an a which he unfeignedly trusted would be unsuccessful for a deeper blow was never inflicted on the administration of justice than would be by their lordships acceding to the motion made on behalf of the prisoners He did not mean to go into the case upon religious or political grounds and it was to be lamented that it was necessary or thought necessary to advert to either His learned friend with great judgment had made a speech upon general topics but the material thing was to hear the particular facts and circumstances of the case the part these men took in the transaction and the nature of that transaction itself He was really surprised to find this horrible outrage taking place in a civilised country supported and defended in such terms by one possessed of the station influence and character at the bar of his learned friend and he unhesitatingly told the court that if the principle laid down in that speech were held to he good there wonld be no security for life and the land would be deluged with blood Whether it were legal for men to assemble and march in procession it was not necessary to discuss but he would say that if in marching in procession they appeared in great numbers armed if they went with deadly weapons in their hands ready and prepared to do the work of destruction then it was for the law to mark its disapprobation of such acts Ha would read for their lordships some passages from the depositions in this case in order that the public might un derstand why the motion was resisted and how it becomes the duty of the crown to preventits being said that tin re is one law for ono set of men and another for another That this was no casua(or hasty firing but a calm cool and detar mined act waS' proved by the fact that the mouths of some of the party were black from biting off the ends of the ball cartridge and when he read from the depositions that the two men now in custody were most active one heading an armed party with a drawn sword and the other inciting them to persevere in the attack their lordships would see that this motion ought to be refused Judge Crampton Is it admitted that one of those men marched at the head of an armed party Mr Brewster Yes and he would read the passage in the deposi tions stating that fact and by a witness who certainly could not be said to be a political opponent the head constable of police This witness stated that a man named Woods one of the two in custody was on the occa sion at the head of an armed Orange party with a drawn sword and trying to force his way in spite of the Here he QMr B) would take leave to point fhe especial attention of the coin io the evidence of a police officer one whose admirable conduct and devotedness was above all praise and such as he had never heard of before he placed himself in front of the fire in his efforts to procure peace he was in constant danger of losing his life and from the depositions of this man Mr Sub inspector Kelly he would prove acts cn the occasion He stated that having received intimation that the procession was doing down a certain street in Armagh and being apprehensive that a riot would take place he rushed down the street with a i view of using his ii fluence to prevent evil consequences He goes on to detail these general state of things when he i went down he states that be saw shots firing and that a parly of which these two men formed part stood in shelter of a corner and from time to time rushed out and fired I deliberately up the street i Judge Burton And the two prisoners were of that party Mr Brewster Ye? my Lord the party came out knelt down for the purpose of taking a better aim and then reloaded in military or rifle style and came forward again to fire The witness then proceed to state his efforts to pro cure peace his having in several instances to knock the loaded pistols out of the hands of the Orangemen and his own escape from death by a pistol presented at him fortu nately missing fire This is but an outline and a very seftpned one indeed of the transaction generally and I shall nowstate that part which refers to particular participation in it Mr Kelly identifies the man in custody named Brien or he was of the Orange party he repeatedly in terfered with the informant and encouraged the others to he had asword in his hand and tqr(j his (Mr K's) epaulette off the shoulder and after this I am to bo told at this bar by a lawyer of eminence and station that if there was a felony in the acts of those who fired there was no felony in the acts of these individuals I never before heard it propounded in a court of justice that if 300 men assemble with a great number armed if they make use of those wea pons and if encouraged in that use by others that those who encourage are to be looked upon as innocent it cannot bo contended that such an assemblage was lawful that they met merely for sport or pleasure Oh 1 it is a horrible spurt when human life is sacrificed Mr Napier What I said was that by the depositions it did not appear that these men fired or had fire arms Mr Brewster I understand your argument is this that inasmuch as by the depositions of the police constable or police officer it did not appear that these men or either of them fired the shots or were armed with fire arms you were entitled to your application but I will take issue with mv learned friend upon that and I will show that there would be no safety for life or property if the law were so laid down Mr Brewster next referred to the deposition of a person named Barnes as show ing the part taken by the prisoners in the affray and in the proceedings prior to it and concluded by saying that the case was clearly one of felony and of such a nature as rendered it impera tive op the court to Refuse the application to bail Mr Boss Moore was heard at considerable length in reply on the part of the prisoners The learned gentleman first removed an impression that might have followed from Mr argument that the present application was made on appeal from the decision of Mr Justice Perrin in chamber It was no such tiling The question was now brought forward on new and distinct facts in the affidavits of the prisoners and in these affidavits it was positively sworn that they had not on the day in question fire arms or wea pons of any description in their possession Air Moore next argued that it would bo a fair exercise of the discre tion vested in the court to accede to the present application and dwelt with much force on the injuries which would be inflicted on the wives and families of the prisoners by keep ing them in custody Their appearance to abide their trial could be the only end aimed at and they were ready to give bail to any amount measured by the court to be ready when called on Judge Burton stated that it was the wish of Mr Justice Crampton and himself Mr Justice Perrin not wishing to take any part in the consideration of the question tu have an opportunity of perusing the depositions made in the case before the corener and while as a general principle the court agreed in the proposition with respect to the object of bail as advanced by counsel for the prisoners still there were cases in which the magnitude and character of the offence might be taken into consideration They were the more anxious for a careful perusal of the depositions be cause the application was so strenuously opposed by the counsel for the crown who on every occasion where the nature of the case at all warranted it was ready to concede to the discharge of a prisoner on bail Mr Brewster undertook to supply their lordships with copies of the' depositions Judge Perrin I have avoided taking part in the conside ration of this question but I cannot sit by and hear it said without the strongest contradiction that a party of men going through the country and armed with fire arms and other deadly weapons is a legal meeting Air Napier I hope your lordship will not understand me as advancing such an opinion Judge Perrin if you did not you were certainly very near it The motion stands for judgment Te Queen at the prosecution of Thomas Connell Duffy Esq Scully and others Air Brewster I understand that your lordships have received copies of notes of my Lord Chief Justice If you have received the notes in the case of the Queen against Scully may I ask when your lordships will be ready to hear the pending motion Judge Crampton We shall have the notes down to mor row but to morrow is law day Mr Brewster Then perhaps your lordship will pro ceed with the corporation case Judge Crampton Very probably Mr Brewster The court rose at four My Lords A Mr of Summer hill of to The two for Mr praise are first to in I Dublin Church of the Conception November I Sth 1845 writer has appeared in the person of to turn aside the edg those observations I had so lately the honour to address your lordships on the new academic scheme I am habitually disposed to deal leniently with this writer was therefore that! absta ned from commenting on a letter of his which appeared some time ago on this question in tlio Evening Post although it appeared to me to call for se yereHnirnadversion and allowed it to sink undisturbed to harmless repose Now however that with the charac teristic partiality of a fond parent he has resusci tated this bantling of his care and hurled it in the shape of a missive of 48 pages at your heads I am reduced to the necessity of revealing not only its in conclusivtness but I should be tempted to say of another writer its dishonesty There is another reason why I notice Mr His production has had the advantage of the improving hand of its author and among the few modifications it has under gone is the devoting just half a page to the demolition myself and the grave authorities I cited He says page 21 I have seen recently arrayed measure tfter the manner of the laws of the Church of England and agreeably to the laws of Scotland As witness our hands at Gretna this sixth day of November 1845 Solemnised by Witnesses 1 nave seen recently arrayea againsrthis measure as ths sole ground for ecclesiastical disproval some decrees of ancient councils in days when Christendom was of one pro fession and which prescribed that all the heads and pro fessors of Seminaries should not only be subjected to tests of orthodoxy on appointment but be compelled to make from time to time declarations of unvaccilating belief while the students were to be to attend the various religious rites of our church as well on week days as on Sundays and Now would the public believe that these remarks which at any other time than a period of excitement and factious feeling would fall to the ground by their own weight are gladly caught at by a class of persons who feel all the awkardness of the position in hich an appeal to first principles has placed them just as the pro verbial straw iscaught at by the drowning man Yes so it is These persons who by their station ought to be above such things seek by a sort of drawing room agita tion to give vogue to sentiments they would shrink from publicly avowing and speak to my knowledge with cheap and hair brained eloquence of such things as the dust of the old canons Let me then even ex abundanti pro ceed to silence these petty batteries and thereby give the last degree of stability to those important principles which I laid down in my last letter and which as I said have never ceased to govern till our own disastrous times the great the paramount question of a education In all arts and sciences first principles are every thing And education is the art of arts semper visum says the ancient sage et etiam nunc videtur alias ornnes artes non adrnodum difficile esse hominum vero ad rectam vitum insti tutionem omnium longe Let me then proceed still further to assert these maxims and vindicate them even from the cavil that has been attempted I will not allow the country to be misled at this crisis of its fate and I mean to take good service out of these principles when they shall have been confirmed in the public mind It is but in deference to the public interests that I take this trouble Mr sets out with informing your lordships that lived in the twilight sic of Revelation furthermore that lie (the said Cicero) as under the influence of a prescient intelligence perpetuated the auspices of his own After that crepuscular intimation his reader would be tempted to think night coming on and heaving a yawn Yield to the influence of the genial But the magic name of piercing through tho gloom of his pages will likely reawaken all the interest of the reader and gain for him a few moments more attention To rescue this honoured name from the perse vering misrepresentations of the principal of my objects I shall explain myself by and bye In his letter Mr is occupied with praising two things and disapproving two other things things that come in himself and next the new colleges Those which have endure his disapproval are first the councils I quoted my last letter and then myself for having quoted them have cited the passage that refers to myself already The laudatory portion of the pamphlet somehow other has connection with a certain chair of Irish history and statistics which Mr is very anxious to see lished in the now seminaries and in reference to which i thinks it necessary to tell how when he was interrogated a few years ago by the Select Committee of i Would you not apprehend that a very intent study of i Irish history might tend to foster a spirit of hostility to Aly answer was then (says Air D)asft would be now have considered that subject and I do think that so far from an antipathy to England as a nation being increased by such a history it would be lessened I think the facts of history have been much distorted and that the hostility to England as a nation has been hastily and un warrantably excited by events which if properly traced are more referable to the extortions and cruelties of indi vidual rulers to whose uncontrolled and selfish tyranny the government of Ireland was unhappily entrusted whilo the proverbial disunion of Irishmen will be found most fre quently facilitating if not inviting these Air understands Sir Robert and the object of his colleges It bo Mr D's fault if Sir Robert understand him and my notice do any harm it may even serve to advertise him I therefore pro ceed at once to remarks on myself and the councils Against the councils his exceptions are that they are of a time hen Christendom was of one Oh that I should have to tell a candidate for a chair of his tory to look to dates ever to keep minding dates! It so happens every council I quote from dates after the reforma tion and even after the Council of Trent with one excep tion and that exception is not irrelevant to the point at issue or ather Possevin a name before all the aspirant of the present day would not have used it for precisely the same object I had in view Now I beg to remind Air D'Alton that subsequent to the Council of Trent Chris tendom was not of one profession nor councils of ancient date I beg also to remind him that with respect to councils of those ages of faith when Christendom was really of one profession I expressly said I would pass them and did pass them over accordingly merely giving the names of a few But Mr insinuates he ceuld not directly say so for the contrary is too clear in my letter that I wish to impose the tests and apply the professions of faith exacted by some of these councils to the present exigency Now there is not a word in my letter to justify that insinuation I stated most clearly the object for which I used them It was to prove that the church always thought and insisted that education should be based on religion animated modified impregnated by religion That was my first object And my next was to prove that to secure this result she ever thought and felt and taught that her bishops should have adequate if not always ex clusive controul over public education and in times of dan ger plentiful guarantees Now it is these guarantees and this control that Mr and his friends would deny the church and therefore I thought it useful and necessary to quote the strong words and exhibit the decided action of the holy councils in times of mixed communions andb danger It was not then to show the necessity of professions of faith more than any other guarantee that I quoted these great authorities for in point of fact they are only some of them who demand that particular security others demand per sonal examination for instance into life and doctrine la preference others again use other precautions But what they all without exception agree in and proclaim to their bounden duty to agree in to exact precaution of one kind or other and always and ever control Does Mr think I could quote these holy councils for the specific enactments in which they embody and carry out these principles If he knows any thing about canon law and as an accomplished lawyer he must he knows that I could not quote these synods for the specific provisions of their laws for i thia Ain reasuu hvond the limits of sacred lawgivers who framed them and their rigdiction extended often no farther than their province But is it necessary to tell Air there are two things in a jaw its spirit and its letter Now it is for their spirit I quoted these laws and not for their letter because their letter is confined to their provinee while their spirit extend to the universal church Yes it is for their holy and blessed spirit I quoted them thatspirit which in the lan guage of the Council of Cologne is as much the duty of bishops to look after the teaching of professors in colleges lest the lad that listens to them be contaminated as after the teaching in pulpits lest the adult that spirit which is found in them all constant and uniform while the letter that embodies it varies that spirit which lives in the letter and vivifies it but when the letter dies dies not with it but for it is the Spirit of God promised to his church to guide it into all truth and is immortal as it is Himself fulfilling hia ever graciom promise kwhera two or three COUNTY KILDARE TO EDITOR THE DUBLIN EVENING POST Halverstown 5th November 1845 gIK Tn common with many others in this season of apprehension I have been making all the inquiries within my power regarding the condition of the potato crop and while I have every confidence in the ability of the scientificgentlemen whose duty it is to suggest the most efficient means tfor arresting the progress of the pestilence which hasmule such ravages in the poor I cannot close imy eyes to the appalling fact that already a fearful amountofsaischief has been done and the measures taken under imyswn eye by careful and intelligent persons to cneck Yhe progress of disease in the crops around me have not prolmced such results as at all lessen my apprehensions for the yet untainted potatoes unhappily after making many experiimenrs 1 am not in a position to recommend any speoitx remedy' It appears clear "to me that though some perries of the crop may continue uninjured and that some locifit'ev have been exempt from the disease still we have to nsaloe up our minds to the fact that for some months food roust be provided for millions of people In this emergent it is gratifying to know that the government Impressed with the serious responsibility that devolves uponhem are occupied in considering the best mode of miti gating the calamity with which the people are visited But It Essential that they should receive the co operation of the landlords and gentry upon some intelligible and well defined principle understood acd tacitlyassented to by the upper and lower classes Such an understanding would avert that dan ger in all periods of excitement ever arises either from the actual or anticipated scarcity of food Neither bad advice or the giddy impulse of the moment would tnen be a i it i IM i viiHr iKr: mitj i KM likely to nurry me im ruaH their own sufferings and bring them within th Inwuthev violate 1 many suggestion offered with a view to the alleviation of tary delusion i i i Iaafs hnt? rurv fitnAAt I assured th the distress wmeu fully to offer an opinion on a subject all are so interested in diICtUhLsgbeen recommended that tenants should not pay profits would not meet the expense of digging POTATO LATEST INTELLIGENCE The following letters upon the subject of the potato disease have been forwarded to us since our last publication They tend unhappily to confirmjhe more alarming statements of Mr Gregory on which we comment elsewhere We are glad to perceive by these letters that though in some cases the landlords appear indifferent in others as in that of Mr Browne late member for Mayo alluded to in the Very Rev Mr letter they evince strong sympathy for the suffering people Dromahair 1 1 th Nos 1845 This parish includes a portion of two counties (Leitrim and Sligo) and its population amounts to eleven hundred families Every person ho has grown potatoes either in extensive or limited quantities complains that (at least) the half of the crop is in a state of putrefaction and what is even worse the potatoes that were first dug out and were then in a sound state and placed carefully in heaps or pits (in the fields which produced them) are becoming dis eased rom these facts which is by no meant exagge rated you may easily infer what the prospects are inas much as they regard the more numerous portion of our po pulation unless the proprietors of the soil defer the collec tion of their rents (which are in general very exorbitant) until a more abundant season arrives Bailiboro' Nov 10 1845 I now regret to have to say that I am satisfied from per sonal experience and from every source of information which lay within my reach that in many places one third i and generally one fourth of the poor crop is damaged if not utterly ruined uy tms uiignung mumuy too are the apprehensions entertained for the portion yet unaffected but we trust in an all merciful Providence for their preservation But Sir while we hope for the best my opinion is that a well directed prudence would provide for the worst pS Prices in our nearest markets Oats per barrel 14 stone 12s to 14s oatmeal per cwt 15s to 16s pota toes per stone from 2d to 3d Ballyhannis Oth Nov 1845 I have had the advantage of visiting reccently a great portion of this district The potato blight has reached us but not to the same extent that it has reached other dis tricts Some few are seriously injured and star vation is already almost at their doors but the great body of the people are not so seriously injured nrairnt but there is an apprehension entertained with regard to the potatoes in the pits I have seen myself potatoes in pits unfit for any use and I was told that they were apparently sound before they were pitted This was not the case but in a few instances I can safely say for the bulk of the people that a sixth of the produce is 'lost but a few there are and they are very poor already and in my opinion they have not one sixth or near re maining Some persons are drawing the stalks and moulding them anew trusting to the recuperative qualities of the earth The prices are for potatoes from Is 6d to Is 8d per cwt oats from 6s lOd to 7s 6d per cwt I regret that our landlords are apathetic on the present occasion and that example has no influence upon them Camphill County of Sligo Wednesday The potato rot here is most alarming and appears with more virulence amongst those housed and pitted Aly wor thy friend Dean Dunkan got in his crop in apparently the most healthy condition but on re examing them after a few days he found almost all more or less infected and more than half actually putrid The landlords for the most part evince little sympathy for the people appearing more soli citous to give old Wellington a pretext for keeping the ports closed than to extract any precautionary aid from the go vernment COURT Yesterday The Chancellor sat at 11 1 Rody Williams Air Brook QC stated the plaintiff's case The ori 1 ginal bill was filed on the 13th of November 1841 and an amended bill was filed on the 1st September 1843 pray ing that an account should be taken of what was due to plaintiff by defendant on foot of two mortgage deeds dated respectively on the 1st ebruary 1837 and 1st August 1838 The bills also prayed for a foreclosure of the mort gage and an account of the assetts of the lata Mr James Williams father of defendant and other accounts and for a decree declaring that two deeds dated on the 1st of ebruary 1840 should be set asida as fraudulent and void The plaintiff it appeared is a gentlemen upwards of seventy years of age and having desired some years since to lend out a sum of money at interest he consulted his solicitor Mr John Conroy who had previously acted for him not only as solicitor but also as his confidential friend and adviser Mr Williams the defendant's father was also intimately acquainted with Mr Conroy he washis brother in Jaw and the defendant is Air Conroy's nephew The parties being thus connected Air Conry the mutual friend of the parties undertook to get Rody good security for his money and in the month of March 1836 recommended him to lend 10001 to Mr Williams and in the July of same year to lend a further sum of 14001 both of which sums were advanced upon security approved of by Mr Conroy In the commencement of the year 1837 Mr Williams required 18001 more and again Mr Conroy acted as the confi dential agent of the plaintiff and his brother in law He recommended that the former mortgage should be cancelled and a new arrangement entered into whereby the pro perty secured by the mortgage of 1836 should be again mortgaged for a sum of 45001 which sum was to bear interest at six p6r cent In the arrangement of this mort gage Mr Conroy was the only person concerned for the parties on either side The prior mortgages were executed upon the advice of eminent counsel but the deeds were cancelled ancl of course were not before the court whereas thia subsequent transaction did not appear to have been directed by sounsel being altogether arranged by Mr solicitor in whom he placed the greatest reliance The'charge now brought against him and the defendant was that the security was insufficient and bad and that the transaction was grossly fraudulent The property on i which the mortgage was granted was situate between the Clontarf road and the river Liffey consisting of various plots of ground the greater part of which council believed were generally under water and in fact were at that time of little or no value though since they had become valuable owing to the construction ot the Juuilii ana Drogheda Railway Those lots were set out in the deed of mortgage Inoue instance a lot was said to be situate in Sheriff street a street which though named had never been built and this it would be seen was done for the purpose of making it appear of a much more valuable de scription than it really was Another lot number 88 for which the tenant paid 1 001 was part of the security but th exnired in 1840 and since then it was unproduc tive It was sold for 2501 thereby showing it was not of the value which it was represented to be There was ano ther plot liable to 151 a year which was perfectly worth less and was given up as of no value Lastly there were two houses situated on Ormond quay and occupied by Mr Cumming which produced a profit rent of 921 Those several plots with one or two other plots which counsel had not particularly referred to produced a profit rent of 2571 which was reduced to 2051 by the payment of the head rent Isaving a sum wholly insufficent to pay the inte rest there not being in all 1501 a year clear to pay Mr incumbrance This was the result of Air advice who told the plaintiff that he was getting full value and he believed so as he had full confidence in him So much so that he was induced to give a further sum on mort gage upon his recommendation he alleging that the profit rent amounted to 5851 per annum Having maae some mr ther observations with reference to the value of thosj plots of ground counsel contended that the deed of ebruary 1840 which gave Mr Williams and bis heirs a primary charge over the mortgage property should be set aside as fraudulent Air Rody not having been at the time of the execution of it in a state of health to execute an instrument of the kind The plaintiff's proofs were read and Ssrgeant Warren on the part of defendants Richard William? and wife contended that there was no ground for making an allegation of fraud against Air Conroy or his client Air Williams jun did not appear to have any thing to do in the dealings between his father and Mr Rody and even if fraud were committed which he denied I he was innocent of any participaticn in it The deeds of mortgage were all advised by counsel aud the security deemed sufficient and if the property did not unfortunately produce as much profit rent as was expected the solicitor in the case should not be made liable to imputation With I respect to the deeds of 1840 they were bona fide docu ments executed upon due consideration by the parties in order to secure the defendant 21 a week for his support Upon the faith of those documents be married and got a fortune of 5001 and it would be a hard case upon his wife aml her family if ahaand her childahuuld suffer by the transaction In conclusion he submitted that the decree should be tor an account as against the mortgagee in pos session and that there should be a sale to pay him subject to his (Sergeant clients annuity The proofs of defendant were read which contained evi dence to the effect that the mortgaged property was gene rally considered to be worth more than was calculated to be its valne by plaintiff's valuators and that it was increasing in value Mr Pigot appeared on the part of Mr Conroy That gentleman was not interested either in setting aside or supporting the deed of 1840 and he was perfectly ready to enter into an account The case against him had totally failed regarded the charges of fraud in the preparation of the deeds of 1840 and counsel submitted that so far as that charge was concerned the bill as against him should be dismissed This property from ebruary 1840 to bruary 1841 prdirced 8451 leaving a sum of 561L ior payment of plaintiff interest I ne property was rising value and there would be ample funds to pay the sum to which plaintiff is entitled Mr Alonahan OC replied The Chancellor iff giving judgment observed that in his opinion there was undoubtedly no case of fraud perpetrated or intended by Mr Conroy as regarded the property but it was impossible to deny that this gentleman was guilty of the grossest possible negligence with regard to the interests of his client His lordship however subsequently observed that without saying it was so in a moral sense yet in the sense in which the word was used in that court the whole transaction was a mere fraud upon Mr Rody A more im provident and a more improper transaction he never recol lected His decree was that the deeds having been ob tained improperly from Mr Rody they must be declared to be void and be set aside and they must be delivered up to be cancelled If costs had been asked against Air Conroy considering the nature of the transactions he (the Chan cellor) would feel no difficulty in giving costs against him The ground on which he set the deed aside was fraud in concealing the settlement which must have been considered binding on the parties With regard to Airs Richard Wil liams that lady must be considered as having implied if not expressed notice of the settlement and therefore the the relief must go against her also His lordship in conclu sion made a further decree for redemption or foreclosure of the mortgage and sale of the property The foregoing case was the first on the list and occupied the whole day His lordship will proceed with the other cases in the list (which has been already published) this day Glendaloch Chapel House Annamoe 1 2th Nov 1845 The potato crop here is I think in a bad way When digging out there did not appear a great loss but in every case where they have been pitted for some time the rot was quite evident I think there is at least one third now lost and what portion of those re maining can be saved no one can say Prices are 4s 6d per barrel for the best potatoes Mr Barton is going to buy up all the oats in this neigh bourhood at market price and in spring or summer to re turn it to those who may want it for their own use at the first cost price Would to God his charitable example may be followed by our wealthy noblemen and gentlemen If so the corn would be kept in the country Our oat crop was more than an average Borris in Ossory 2th November As far as my testimony can go it is to confirm the melan choly accounts already received by the Alansion house Within the last five weeks I have visited everv townland in this locality on professional duties and sorry I am to say the universal cry was the potatoes are all In fact no part of this parish has escaped the dire contagion In some places one half are useless in some three fourtba whilst in ollies districts the poor people are leaving them in the gronnd in utter despair I have housed about 50 barrels of my own about three weeks since and at present I have persons employed sorting them and I can say with great truth that three fourths of the entire mass are Alay God help the poor people who have nothing else to depend upon famine staring them in the face and no prospect of employment Claremorris November 7 1845 AIy dear I have deferred to the last moment stating to you the condition at present of the potato crop in this parish Any longer silence on this subject would be I feel satisfied exceedingly criminal in me A fort night since I did not content myself with the various state ments made to me the different districts in the parish the I nhrmi emanated from I visited personally It was then to I on fri oCa xst i An fictA fVtikt manv ff tno me a UUUIUU UJ OCUIVV ocviovvkz xz their own sufferings and bring them within disheartening statements brought to me haa Deen mucn ex hich increase the i I Thin however was not better than a mornen Having near Illis mUlJJHIK UKU VI IV1UVIVJ Vso hi ho ro AYnaMpd tn havA thirfv hnrrpls nf US8UI UU ill? sound potatoes he would not have three barrels He also told that he discontinued digging his potatoes because the Uns day 1 visited your father's yrd where he had about twenty in mv judgment would be worse than use I men and women getting through his potatoes He is as 6 a aamav! ovarl olliinntnn alt rult nrifit as anv pentJpman in Mayo And then I felt horrified to observe not withstanding all the advantages be had of extensive out offices admirably ventilated immense heaps of all BOG WATER COAIMISSIONERS Snd perhaps even still more serious evi Perceiving from your paper of this day that the 1 1 see A a uvs snr A nrl ra a a I a gr niiij uiiv pAtroiiumcn pii imii 11 iiavo i uvviu uiunuuu tuo uog ml hue Tinm without precluding such of them as rArifin for the notato disease I resoectfullv re I YVOkUI WO I 1 I lit 4 rs 4 A WS zinr iirrt Ar serxvvm A a I A a tnar nu lit i 11 tine is uts uicui um ws vum tui lassi sib I IjUCBL tHUU VMUJ Ogito their resources inform the publie how it is to be obtained by the citizens of AxjAAi IJlwllli 1U buinviciii uuaHvitj mv gsmus Tflad to the necessity of encourag tog0 who ave no means of sending to a distance for it I would beg leave to suggest that a reservoir or basin be im mediately constructed and that the watering carts of the Paving Board (now that the streets are wet enough without their assistance) be at once put in requisition and sent to the surrounding bogs to bring a sufficient quantity to fill it and if the commissioner themselve eould be induced to take a dip in it their intellect might be sharpened in such a way as to produce some other idea equally bright that would not be so troublesome or expensive I remain your obedient servant AN ANTI BOGTROTTER COURT BANKRUPTCY I Sitting for this day (riday) I ELEVEN I In rt Stunuel Proof of debts and final examination vith much attention It was a novel case the granting fiats against the subject at the suit of the crown but in the granting of the fiat in this case the barons acted on the au thority of the case of the Attorney General Reilly Meeron fc Wellsby 217 which demonstrated that the practice of the court of Exchequer in England wag to issue a capias at the suit of the crown upon an information to be filed The learned baron then referred to the practice of the Court of Exchequer in this country in civil eases as regulated by the acts of 9 10 Wm III loth Wm III 43 sec 8 26th Geo II by which the subject had the right of issuing a capias for tho purpose of arresting debtor and holding him to bail and subsequently filing his 1 declaration and although by recent statute that power had been taken from the subject yet that statute had not de prived the crown of its ancient right tourrest as in this case It was true that no precedent as to the prasice of the Court of Exchequer in this country could be quoted because the revenue department in this kingdom had baen hitherto managed by another jurisdiction and not tiy that court and although both himself and his learned brethren felt great difficulty in coming to the conclusion at which they had arrived Yet it was safer to follow the practice of the Exchequer in England than to givo a decision which would have the result of intrcduc' ng a diff erent pi act ice in this country and thereby creating a conflict between the two jurisdictions Therefore looking at the case in Mecson and Wellsby and the language of the acts of parliament to which he had referred the court should refuse the ap plication The other learned judges concurred in this decision aud the motion to set aside the writ wa refused CITY GRAND Yesterday The grand jury met yesterday at their room our Courts IjATouche Esq oreman in tho chair mr case The jury having decided that the lire at Air was malicious and caused by they went into the consi deration of the losses the petitioner had sustained beth as regarded the house stock in trade furniture and other property Several witnesses were examined by Alessrs itzgerald QC George QC A Curran and Waller who with Mr Horan as agent appeared for the petitioner as to the loss sustained in the different departments of Air house The inquiry was not terminated when the jury rose and adjourned to twelve this day They allowed Mr Elliott 10001 for his house and 48001 for the loss of his stock in trade which was estimated in the schedule at over 70001 DUBLIN Yesterday HEAD OICE Air Thomas itzsimons of lane Ilarold's cross brought a young woman named Alargaret Valentine before the magistrate having heard her threaten to com mit suicide the evening before at Portobello harbour She repeated the threat when she was taken to the station house She was sent to Grangegorman prison for 14 days Air Nicholas Sinnott of street charged a woman named Redmond with having stolen some glasses and bottles from him It appeared that she was drinking in his shop the day before apd took an opportunity of concealing on her person the articles above named The prisoner was committed for trial to the City Sessions henry street office 20 summoned Air Barrington of Great Britain street for obstructing the public thoroughfare at Loftus lane with a large pan Air Barrinaton contended that the ground on which the article rested belonged to him and that he had a right to use it for any purpose ho pleased Air Studdart said that if the ground was ms property ne should wall it in but as long as it remained open in the street it was the property of the public Air Barrington declared that he had kept the pan where it was for the last 15 years and that ho had never been questioned about it before Air Studdart observed that he should settle his right to the property with the Paving Board He ould allow him a week to remove the pan which at present appeared to be an obstruction in the public street SALE PROPERTY IN THE CO AIEATII Yesterday Mr Philips from London submitted by pub lic auction at the Commercial Buildings some fee simple estates situate in the county of Aleath the property of Anthony John Dopping Esq and lay as the bill of par ticulars stated the property in the vicinity of Irim Athboy Afavan Dunboyne Drogheda and Kilcock and measured over 4000 acres the income of which is about 30001 a year All the lands are let to solvent tenants at low rents The whole was divided into four lots subject to be sold either separate or together The attendance of per sons at the auction was rather numerous and after the auctioneer had read the conditions of sale the bidding com menced A sale in accordance with the wishes of the vender could not be effected and the property was with drawn We understand several private offers were made for the property Ibbetson Adela 5 Jane Linton Robert Copley The signatures were not particularised by anything re markable That of the captain was'written in a fine bold band while lady might have been written with a small and were one to judge from it delicacv and finish The ceremony concluded the newly wedded pair stole a few moment to1 refresh themselves preparatory to pro ceeding further horthward The afternoon was now waning finf' and Gretna having served its turn the fugi tives were naturally anxious to leave the some dis tance behind them At four the best horses the aiable afforded were put to the carriage and the captain having with a bounteous hand satisfied all claims upon his purse handed hiyouthful bride to her seat and springing into the carriage himself the happy pair drove off together in the dirre ion of Edinburgh The curiosity of the engineers and other gentlemen of the ptrtv above alluded to wag of course excited by the sudden disippeiv nnce of from the dinner table and sub sequent hii pers rather increased than diminished the same When the period arrived for the departure of the newly inarrir vair these gentlemen had congregated near the en trance of the hotel and having gratified thsir wishes so far as a view of the parties was concerned they gave utterance to their approval ef the match by threee hearty cheer a the Carriage drove away or the nonce a boy wa placed upon the leading pair of horses owing to a lack of postilions This lack nmse from an unusual demand during the early part of the day the Duchess of Sutherland and family and othersof the nobility having changed horses at the during the morning en route for the north The fair fugitivewe opine would have considered a recognition by the noble parties referred to anything bat agreeable but it is a fact thathir Grace of Sutherlend actually changed horses atthe Gretna Inn only a few short hours before the arrival of tthe truant pair Despite the inconvenience of amateur postboys and not very firit rate cattle the party reached Langholme a dis tance of sixteen miles and the first stage upon the old roadto Edinburgh before six Relays of horses were Iiere provided et the Crown Inn and our traveller again proceeded onwards arriving about eight clock at Mos Paul a lone hovtelrie the property of the Duke of Buccleucb situate about midway between Gretna and Hawick At this place they rested for the night intending to proceed early the naxt morning on their way to Edinburgh In closing this detail a word should be said on the series of mishap which befel Captain Villiers while in pursuit of hi sister The gallant officer left town by the four pm expressstrain on Thursday and alighted at 'Wolverton on ascertaining that the train proceeded direct to Birmingham without stopping at Rugby rom Wolverhampton Captain Villiers proceeded to York by the third class or par liamentary train aa it is called that being the only one traversing the Derby line until the nine pm mail from London On reaching York the gallant officer endeavoured to procure a special engine but the state of the locomotive departmental thi principle station the line presided over by Railway was snch as to preclude the possibility of hi obiaining it and he was perforce com pelled to await the arrival of the 9 pm London mail before he could proceed a mile further northwards By thimeans Captain Villier reached Carlisle about two ridav and Gretna within two hour subiequently just one clear day after the departure of the newly married pair Had the gajlaut officer tried a special train down the Lan caster line upon the momentof deciding to proceed to he might perchance have reached Bordertwelve hour earlier but the fact that the fugitives mustaven then have had a very considerable start of their pur suer is in itself sufficient to show that there wa no hopeof hi having been able to offer any useful interference As it was Captain Villiers having supplied himself with a copyofthe certificate communicated the result by letter to his noble parents and subsequently returned to town Morning Bost COURT Yesterday The Attorney General Alexander Kyle In this case the defendant was arrested ou a capias at the suit of the crown for penalties incurred by alleged breaches of the customs laws On a former day counsel on his part moved the court for a copy of the affidavit on which the writ wa issued and also that the writ should be set aside because it stated that an information had been when in point of fact no information was in existence This application was opposed by counsel on the part of the crown on the ground that the practice adopted by the Court of Exchequer in England had been adhered to in the present case The court on this state of facts postponed giving judgment until yesterday in order to look into authorities on the subject The Chief Baron said that the court had looked into this case which wm obc of considerable novelty in this countryi a i advertisement PROVINCIAL PRESS TO THE PRurillETORS Of THE GENERAL ADVERTISER 2 ChurchLane Dublin Nov 13 1845 Gentlemen The very absurd assertion contained in your paper of yesterday that the General Advertiser is for all purposes required by the Standing Orders and Acts of Parliament a local newspaper in each is such an invasion of the rights of the provincial press that I take the earliest opportunity as a party concerned to counteract the grasping influence of such a statement It is evident that your object at this particular juncture is to supersede the necessity of publication of the Railway Notices in the recognised local and although I do not conceive that the gentlemen whom you have addressed are likely to be misled I feel called upon publicly to meet your assertions It can never surely be conceded that the mere shilling process of so called registration at the Stamp of a town in each County confers any pretension to the objects contemplated by the publication of a local and I shall more immediately allude to the district in which I am specially concerned and with a portion of which I find you have particularly interfered To the County my claim for the Leinster Ex press as the local consists in having an estab lishment at where an efficient body of printers and reporters are constantly engaged and every attention afforded to the affairs of the county giving origi nal reports of every public meeting of interest or the county of Kildare I have also an office at Naas where the Express is regularly published and pointed in case of news paper emergency and the same attention is given to all subjects of importance thus constituting it by the only title under which it could claim the designation of a local In this county as well as in the the Express circulates more extensively than all other papers collectively including the General Advertiser and until a journal more exclusively devoted to the interests of Kildare is established I shall maintain that right which has been so universally recognised by the several public bodies of the county I do no( assert any legal claim for the Express to any further extent (whatever title it may have as a General also) than those two counties the others adjacent having all efficient with whose right I do not presume to inter fere As one of the Proprietors of the King's County Chro nicle I cannot overlook your statement in reference to that particular district your modesty to assert that the Gene ral Advertiser is published in Cumberland square town by Messrs Shieldsand Son who being general News paper Agents receive orders in common ior your paper as well as every other in the United Kirgdom but the fact of Mr Shields Jun being the Publisher and joint proprietor with me in the County Chronicle will be sufficient to show the connexion with his establishment and the General Advertiser and that he could scarcely con ceive you had registered his house at the Stamp office to supersede the use of his own newspaper Having discharged my portion of the account I shall leave my brethren of the Provincial Press with all of whom the case is precisely similar to deal with your statements 1 have no intention to detract from your paper or it advan tages as a general medium of publicity but I must contend that for any particular advertisements the local newspa of the several counties as properly understood and recognised are those entitled to the various parliamentary notices according to the obvious meaning and intention of the Standing As well as a newspaper must have some local else Old Ireland would have stronger claims to every county in the than your Ad vertiser while the Nation might assert still superior pre tensions I am sure you never contemplated by the le gerdemain process of constituting the Advertiser a local newspaper in every that the Registrar of the Stamp office would impose a duty of 32s upon every Ad vertisement contained in your paper which the right you claim if of any value must decidedly impose Your obedient servant HENRY TALBOT Metropolitan Office of the Leinster Express SOUTH DUBLIN UNION The usual weekly meeting of the Board of Guardians of this union wa held yesterday at the Workhouse street Henry Bowles Esq in the chair The following guardians were present: John Naltyi Thomas Captain) Nowlan rancis Smyth Wall MD William Parker John Bonsall William Crozier Jones Thomas Halpin Andrew Eustace James Monks MD John Pearson William Evans Thomas Smyth Joshua Porter and John Askins Esqrs Dr Kirk wood Shannon Esq I state of the house Paupers admitted during the week 44 discharged 30 died 3 remnining in tho house 1579 i SALE Timber Thursday 27th Railway Shares Thi Da Linen Drapery Tuesday Rouse urniture To Mori Plate Monday 17 th Interest in Lease To Morri furniture Monday' 17th It has been re tViAir Antfl it would agaravatethe for besides its tendency careful and intelligent an agriculturist a any gentleman i to produce recklessness and insubordination it would re all who depend upon rents directly or indirectly from landlord and annuitant down io tne nsuwum1 ii labourer to various condition of poverty and descriptions of potatoes perfectly dry and well coated anitau0 with lime all diseased This day in the village of also suggested that landlord should not Upper Mace in the lower part of the parish the man nr rent This prepoposition has the in whose house the confessions station had been held thi ye de jtg the first It may be adopted by brought in a basket of the potatoes which are used daily by Ums objection providing subiintence for his family in which it failed me to discover one sound po those who I than that which i derived tato On yesterday in the next village to this when I themselve aQd tne mentioned to the people that the offensive stench proceed from laad alone the tenants ing from the hot boiled potatoes diminished much as they It is 10 suggested that ogoled a woman observed" that they always eat them to hold over thecorn and not plfl ge ccld for that they never go to their meals except with in some cxses th of disgust These few days past I have heard in nerally to be cted upon it desirable in the numerable persons declare that they had not enjoyed one wide door for speculation it satisfactory meal of potatoes for nearly the last fortnight present instance to discountenance tjty of potato The potato crop in all the lea land of the country are all de it therefore occurs to me tha as the quant ty zp of burnbeatj containiBg maDy the poHi of profitable and available crop acres in this parish all the potatoes of the poor wbich relief 1 the presumed loss sustain aV0 uge( influence to induce the people to dig out at necessity of adopting instant measures to bring once from the conviction that a longer connexion withtbe The necessity oi a a tn ment as I have cold element which has proved so ruinous could not be about somesuch when we recollect serviceable Still one half of the crop continues I be intimated will aPP mnv Darts of the lieve the people erroneously in my juogment at tbe Where it existsthe labourer tributing to the pitting of the potatoes the injuries which country With that nd unless thev they have been receiving the wet puddles in which rnrompHy TxtHcXd fr difficulty by an imme they have been bedded for the last three months are abatement the diseased crop will rom this postponement of digging I apprehend the most diate tab ha expended all his dephrable results The aspects are daily deteriorating ot be The tenant who applied the seed and rom appearances at present I cannot calculate on half the impital his labour The tanant who upp peopl(j timey SAve the landTenture the attempt without a fair I consider famine withall its awful consequences to be SS UN HUGHES nd John Or rly ut at aU hel)dedf duce consequences 8 1 to lnfo'm after "rtlnS at duty of every man of right feeling to above I have heard on authority that James Browne of uni Ju is uuv 47 ClaremountpEsq baa given strict orders to his numerous 1 prev out seem to me to tenantry on no account to part with their oats Mr I TL JSy acted on the decided advantage of eta Browne stated to me bis opinion that half the potato crop offer hioh to found claims for abate would not be saved in this nelghbourhood bhshing and would produce as think confidence and mentm here there now exist the elements of distrust good wil perhaps even still more serious evils It bitterness one system of contribution from ail who i would also iand without precluding such of them as derive profit abundant means from assisting in other a nsaciaxxn 'h 1 1 mLa touched upon tne orumwi Etad to the necessity of encouraging exten ifor these matters will doubtless occupy siiion and I am only anxious io assignSanger which may be produced by tenants could not comply with I liieavoided if vour obedient servant PETER URCELL 'D AUCTIONS Jaffray Barcroft Chas Bennett I8th Chas Bennett xw John Littledale John LittledaleJ Hickey Chas arrell.