Some Selected Reports from The Supplement to the Warder.
Saturday, September 3rd, 1870
The Law Courts.
Mr.Gibson applied to his lordship for liberty to substitute service for the summons and plaint upon the agent for the defendants. The action was on foot of three bills of exchange, brought by partners against others who were engaged in the partnership. Three of the defendants resided in India, and another of them lived in London. The bills of exchange had been signed by Mr.W.J.Howard, living in Longford.
Consolidated Chamber - Tuesday
Baron Fitzgerald presided in the Nisi Prius Court to hear motions for the three law courts.
Sir James Burke v. Howard and Howard.
Kelly v. Dixon.
Mr.MacDermott applied to his lordship for liberty to substitute service of the summons and plaint upon the agent of the defendants. The action was brought for a breach of contract. The defendants are timber merchants residing in Leeds. The cause of action arose in Dublin.
His Lordship refused the motion.
Hanafin v. Hammond.
Mr.Flood applied to his Lordship to make a consent a rule of court in this, an action for libel, the defendant having published an apology in his newspaper, and undertaken to pay the costs.
Court of Bankruptcy and Insolvency.
The bankrupt carried on an extensive trade as a general draper at Mallow and Killarney, and the meeting was for his final examination.
[Before Judge Harrison.]
In re Thomas Welply.
Mr.G.Perry (instructed by Mr.Perry) appeared for the official assignee; Mr.Purcell, Q.C. (instructed by Mr.O'Dowd), for the bankrupt; Mr.Larkin, solicitor, for creditors; and Mr.Pickering, solicitor, for Messrs.Ellis and Howell.
Mr.Larkin stated his case, said he wished it to be understood that the creditors did not press unduly on the bankrupt; they had never done so, and they did not desire to do so now. But there was apparently a large deficiency in the stock, which they required to be accounted for. He made use of these observations in consequence of a report that appeared in one of the local newspapers, and which, although published in August 1869, he did not see until yesterday. In that report there were statements that were not only not correct, but gave an account of what did not occur in court. He made these observation on behalf of Messrs.Stewart and M' Donnell, and their representative in Ireland (Mr.Cahill), for there were in the report imputations on that firm. In March 1869 the bankrupt stopped payment, and on that occasion Mr.Gardiner, of the firm Craig and Gardiner, was sent down to his establishment, at the instance of the creditors, to take stock, under the supervision and in the presence of Mr.Welply. The estate then showed by the returns that the assets amounted to £4,299 14s 8d, and the liabilities, £3,257 11s 3d. The assets consisted of debts, the stock on hands at Mallow and Killarney, furniture, policy of insurance, and certain lands. With regard to the lands and policy of insurance, Mr.Gardiner took the valuation from the bankrupt himself; and if Mr.Welply now said that they were not of the value that was then put on them, he (Mr.Larkin) made no complaint about that, for whatever the lands were worth they were there and their value estimated. But the very great item of which the creditors did complain was the discrepancy between the stock in March 1869 and the stock now; and they wanted an account of what became of the deficiency in the meantime. The stock at the premises in Mallow was valued at £2,332 0s 2d; and at Killarney at £917 14s 5d - making a gross total of £3,249 14s 7d. That was the result of the taking of stock by Mr.Gardiner, and on it he (Mr.Larkin) would rely as correct. It appeared that the bankrupt had marked his goods, not at first-cost price, but at selling price; in consequence, 15 per cent on some goods, and 20 per cent on others, was taken off, in order to bring all down to first cost-price. Mr.Welply had been called on to account for his trading up to March'70, when he applied to the court for relief, he not being able at the time to carry out the proposed composition of 17s 6d in the pound. He then filed his schedule, to which he (Mr.Larkin) took exception, simply because in it he had returned "no profits" from March'69 to March'70, and alleged that the stock-taking in March'69 was wrong to the extent of 15 per cent.- in other words, that the gross total assets at Mallow and Killarney, £3,249 14s 7d, should be reduced to the amount of £487.
He further asserted that since March 1869 he purchased £872 worth of goods; that he sold at Mallow and Killarney goods to the amount of £1,930, during that period; that the stock on hands was worth £1,082 4s; and that the deficiency, in fact, was only £219 - that is, that, not only did he not make a shilling on the sales, but that the goods were less by £219 than they should be. That was all on his own showing. The creditors alleged that the deficiency was not £219, but was, in fact, £709, exclusive of private disbursements, amounting to upwards of £300. They took the stock at £3,249 14s 7d; the purchases at £872; the sales at £2,330; and the stock on hands at £1,082 14s 5d, and that was wholly unaccounted for. They did not believe that the bankrupt, who was a man of large experience in his trade, could say that there was not an article sold in his places of business on which he not only had a halfpenny profit, but, in fact, had a loss. If that statement were true, he (Mr.Larkin) could come to no other conclusion than the bankrupt had carried on the most reckless trading. Mr.Welply endeavoured to rid himself of the responsibility for the deficiency in the stock by saying that once the persons authorised by the court took charge of the estate, if they sold his property at a sacrifice, they alone were responsible for the consequences, and not he. If that were so, Mr.Vance, one of the trustees, would probably be able to account for it; and if such a thing occurred, the bankrupt, who had signed the weekly returns of the assignee as correct, should have reported the matter to the court, and then the creditors would take it in hands. One reason for bringing this case before his lordship was to test such a mode of arrangement as existed in the present instance, for if a state of things like that before the court was to arise, the sooner such arrangements were done away with the better. Mr Larkin then referred to an affidavit made by Mr.Welply on the 30th April 1869, in which he stated that his available assets amounted to £4,447 10s 8d, and that in March 1869 Mr.Gardiner attended at his places of business in Mallow and Killarney, and that he took an accurate stock of his property. That was the case on behalf of the creditors, who complained, in short, that upwards of £1,000 in trade and private disbursements within twelve months had been unaccounted for.
Evidence was then given
Mr.Robert Gardiner, of the firm of Craig and Gardiner, in reply to Mr.Larkin, stated that in March 1869 he took stock of the bankrupt's goods, which were marked at selling price. In cases where the goods were fresh, and in good condition, he took them down at the selling prices; but where they were not, he did not. At Killarney, the stock in the bankrupt's place of business was not as bad as it was at Mallow. Witness took stock at both places in the presence of Mr.Welply; and he adopted the latter's suggestions where the goods were in fair condition. Where he did take off deductions, the bankrupt said they were too large, and should be reduced. In March 1870 his firm were again called on to take stock, and did so. [The witness then gave the returns and details of each stock-taking.]
To Mr.Purcell, Q.C.- When he took stock in 1869, witness was aware that proceedings had been taken, on behalf of Messrs.Stewart and M' Donnell, against the bankrupt. Mr.Welply did not - as far as witness recollected - tell him that on the average thirty per cent had been added to the cost price. In March 1870, he was told that the first stock-taking, was too high, and he frequently put on 50 per cent, but did not feel bound to sell at the prices ticketed. The fact that Messrs.Marsden and Perrington valued the stock at Mallow, in May 1869, at £1,640 16s 10d, or a reduction on witness's valuation to the extent of £692, was accounted for by sales and depreciation in value, in consequence of the goods being "out of season."
On the application of Mr.Purcell, Q.C.
Mr.Thomas Vance was at this stage examined on behalf of the bankrupt. In reply to Mr.Purcell he stated that in August 1869 he valued the bankrupt's stock, and was of the opinion that the prices of the goods, as taken by Mr.Gardiner, were excessive by at least 20 per cent on an average. The lands, as valued by Craig and Gardiner at between £200 and £300, were not, in his opinion, worth a single shilling. Witness had an intimate knowledge of the cost price and value of the goods in stock.
To Mr.Larkin - Witness had not the stock-books of Messrs.Craig and Gardiner when he visited the bankrupt's places of business at Mallow and Killarney; but Mr.Welply told him the price or value put on the goods by that firm. Mr.Allen, one of the most respectable merchants in the trade in Dublin, having seen the goods, was of opinion that they had been taken at 70 per cent more than their value in the stock estimates referred to.
Other witnesses having been examined.
Mr.Purcell, Q.C., addressed the court on behalf of the bankrupt. In doing so, he said the real objection to the passing of the final examination was that his client had not satisfactorily accounted for the property which had been in his possession in March' 69. The only way in which that charge had been sustained was by a statement of the amount of stock, as taken by Mr.Gardiner at that date. Then, taking the amount of the liabilities from a statement made at the same time, which set them down at £3,257 11s 3d, and assuming the figures to be correct, the inference was that there was a large surplus over and above the liabilities of the bankrupt. Mr.Larkin alleged that there was a deficiency to the extent of £709. Now, the answer to that was - first, that the valuation of the stock at £3,249 was not correct, as it was subsequently realized; and, secondly, that the liabilities were under-stated - a fact of which there could be no doubt, as the debts proved by the official assignee amounted to £3,257. Subsequent to the stock-taking in March' 69, Mr.Welply came into court and effected an arrangement, when an officer was sent down, Mr.Marsden, who took sole charge and control of the concern at Mallow.
His Lordship asked if such was alleged to be the practice of the court.
Mr.Purcell said he only referred to the present case; and, if his instructions were correct, he would be in a position to prove that Mr.Marsden took possession of the cash and sales books, as well as the control and management of the business; in consequence of which Mr.Welply submitted that he was not responsible for the trading subsequent to March' 69. Mr.Larkin stated that the weekly receipts, which the bankrupt alleged to be incorrect, had been signed by the latter; but the fact was, that he had signed them only under compulsion, and when required by the official assignee to do so. Mr.Marsden, on taking charge, failed to keep up the business system previously in use for checking the receipts - in consequence of which, a watch having been placed over him, it was discovered that, while the weekly return for the week ending 19th June' 69, showed according to him, receipts only to the extent of £30, in reality they amounted to £42 16s 6 1/2d. Such was the sum total of the charge against Mr.Marsden; and, though Mr.O'Malley's name would be mentioned, there was nothing to be said against him, save that he sold goods at prices below those marked on them. But this of course the bankrupt deemed necessary, owing to the extravagant valuation originally put on the various articles. Assuming then that the figures were as his client had alleged them to be, how did the case stand ? The amount of the stock, as valued by Mr.Gardiner, was £3,249; good debts, £462; doubtful debts, £65; bad debts, £232 - making in all, £3,678, to which was to be added new goods to the amount of £870, which gave a sum total, since March' 69, down to the present of £4,638. Against that there was £130 bad debts - that sum having been since ascertained to be the correct amount, which would reduce the £4,638 to £4,508, the sum to be account for. Now, there had been vouched £2,624 for sales, &c., between March' 69, and the time the court took possession : add to that the stock which was now discovered to be value for £1,200, and the good debts amounting to £150; and the result would be that there was somewhere about £3,974 out of the £4,508, which would leave a balance of £534 to be accounted for -- that is, assuming the valuation of Mr.Gardiner to be correct. Mr.Welply, however, disputed that, and said the proper valuation should have been £2,766, or 15 per cent under Mr.Gardiner's, so that the £534 should be further reduced by £483, which would leave but a very small balance to be accounted for. That was the bankrupt's case, which would be sustained by evidence.
Mrs.Welply, Mr.O' Brien (cashier), and Mr.Browne (assistant in the bankrupt's employment), were next examined in support of counsel's statement. They proved that Mr.Marsden, on taking possession of the concern at Mallow, instead of following the custom that previously existed there, always put the receipts in his pocket and gave no return of them to Mr.Welply, or any one connected with him. It was also stated, that during the week ending the 19th June' 69 a private arrangement was entered into among the assistants in the establishment to keep a check on the cash received.
His Lordship - This is a serious charge of embezzlement, and we must have each of the parties who entered into that arrangement, and received cash under it, produced for examination.
Mr.Purcell. - Then I must ask your lordship to allow this portion of the case to stand over until Tuesday next.
His Lordship saw no objection to that course.
The Witnesses further stated that, on Mrs.Welply demanding from Mr.Marsden the book containing the receipts of the business, they saw the leaves of it were so mutilated that there was nothing to indicate what sales had been effected. Mrs.Welply asked for an explanation, and Mr.Marsden replied that the leaves were torn out for bills.
Mr.Browne (one of the witnesses referred to), in reply to Mr.Larkin, said that in the early part of ' 69 about three-fourths of the goods at Mallow were old, or, in other words, no profit could be realised by them. At the last valuation some of them were taken at fifty per cent less than Mr.Gardiner's valuation. Mr.Gardiner did not reduce the price of any of them below that originally marked on them, but Mr.O'Malley did to the extent of about twenty per cent., at which reduction they were sometimes sold - that is, at thirty per cent above cost price, for they were originally marked at fifty per cent above cost price. He did not think that any goods had been sold under cost price.
Mr.Alexander Allen stated that he had visited the bankrupt's place of business at Mallow about two months before he called his creditors together; and, from a cursory examination, he came to the conclusion that the stock was a bad one, and would require to be reduced fifty per cent on the cost price in order to make it saleable. Mr.Welply had been dealing with witness's firm for about seven years, during which period his transactions were quite satisfactory - so much so that even after the bankrupt had called a meeting of his creditors, witness, after hearing from him how matters stood, gave him the accomodation he required.
To Mr.Larkin - He did not know that Mr.Gardiner when making his valuation, took seventy-five per cent off some goods.
It now being after five o'clock, the further hearing of the case was adjourned until this day (Monday).
The hearing of this case resumed at the sitting of the court. As has been already stated the bankrupt carried on an extensive trade as a general draper, in Mallow and Killarney, and the meeting was for the final examination.
[Before Judge Harrison.]
In re Thomas Welply.
Mr.George Perry (instructed by Mr.Perry), appeared for the official assignee; Mr.Purcell, Q.C. (instructed by Mr.O'Dowd), for the bankrupt; and Messrs.Larkin and Pickering, solicitors, for the creditors.
Mr.John O'Malley, in the employment of Messrs.Pim, was the first witness examined. In reply to Mr.Purcell, Q.C., witness stated that he took charge of the bankrupt's concerns at Mallow after Mr.Marsden left, and was present at a conversation between Mr.Welply and Mr.Marsden, in which the former complained that the latter did not give a full and accurate account of the receipts, and asked him to do so in witness's presence. Mr.Marsden refused to produce his book containing the receipts, and said any information Mr.Welply wanted he would get from Mr.Deering.
To his Lordship - At the time witness could not say whether the complaint of Mr.Welply had reference to giving a full account of the receipts to the court or to Mr.Welply personally. Subsequently he learned from him that he referred to a discrepancy in the receipts.
Witness was examined with respect to the quality of the bankrupt's goods when he took charge of them. The prices marked on them were in most instances excessive; and, on taking stock, witness made an average reduction of about 35 per cent on the value of the goods. He made that reduction both for his own information and that of Mr.Vance, who had sent him down to Mallow, and allowed the prices marked to remain on them. He never interfered with Mr.Welply or his assistants in getting what they could from purchasers for the goods.
To Mr.Perry - Mr.Welply and I did not part on good terms, as Mrs.Welply charged me with having sent a wrong return to Mr.Deering, and with not having paid her the allowance she was entitled to for one week. I was charged also with insulting their customers, and with doing other things contained in a letter written by the bankrupt's solicitor, Mr.Moriarty. I, at the time, denied all the allegations in that letter, and I now do so on my oath.
To Mr.Purcell, Q.C.- Mr.Welply never made any complaint against me until a few days before I left. Up to that he said I had managed his business well for him.
Witness here explained that he had receipts for the weekly allowances he gave to Mrs.Welply, including that for the week complained of by her.
Mr.Purcell - It is only right and due to Mr.O'Malley to say that Mr.Welply does not make the slightest imputation against him in reference to the cash department.
Mr.Browne, assistant in the bankrupt's employment, on being re-examined by Mr.Purcell, stated that he kept an account of his sales for the week ending 19th June, which amounted to £10 8s 1d. He made a daily return of these sales to Mr.O'Brien (cashier).
To Mr.Perry - Each of the assistants was directed to keep a private account of the sales for the week referred to. Mr.Marsden never made any entry in any book in the concern, to my knowledge, and never interfered in the business, except to receive the money.
Miss Sarah Kenny deposed that her sales for the week in question amounted to £7 6s 7d. She understood that the moneys so received were paid to Mr.Marsden; but she could not say that they were, for, though she sometimes went with the customers to pay him the amount, she did not always do so.
To Mr.Perry - I was engaged upstairs in the establishment, and the office where the money was received was downstairs.
Another assistant, named Miss Maryanne Gardiner, was also about being examined in reference to the same subject, when
His Lordship asked the parties to consider whether it would be wise or judicious to continue pursuing the branch of the case ? The charge made against Mr.Marsden was, doubtless, a very serious one; but, as the assistants were not able to state what part, if any, of the dealings with customers was on credit, or whether they (the customers) had paid into him the amount of the sales, a very material link in the chain of evidence necessary to substantiate the serious allegation made from the outset was wanting, and could not, in his (Judge Harrison's) opinion, be substantiated.
Mr.Purcell said on consideration he did not think he would be warranted in further taking up the time of the court in pursuing the inquiry, for the reason pointed out by his lordship.
Mr.Deering (official assignee) observed that, as these charges were first mooted in ' 69, it would have been only right on the part of the bankrupt that he should have had proper and reliable evidence before making these allegations public. Besides, he courted the present inquiry early in the summer of ' 69.
Mr.Purcell could not agree with Mr.Deering. On the contrary, he thought Mr.Welply had only done his duty. When the charge was first made, he apprehended it was Mr.Deering's and not the bankrupt's province to investigate it.
Mr.Deering said he did not consider such was at all called for. The charge was merely a verbal one; and, though he had asked on several occasions to have it reduced in writing, it had never been done. Mr.Welply, in one communication which he (Mr.Deering) had in his possession, instructed him to the effect that he did not wish personally to institute the charges against Mr.Marsden, but that he was pressed to do so by Mr O'Malley.
Mr.Purcell remarked that it was a matter of regret that the case had not been brought before the court when the allegations were first made.
Mr.Thomas Welply, the bankrupt, was examined by Mr.Purcell in reference to the quality of his goods when Mr.Gardiner made his first valuation. He said they were at the time nearly all 20 years old; and, in his opinion, were sacrificed by Mr.O'Malley, so much so that on one occasion he told the latter that Corydon was acting more nobly for the Government than he (Mr.O'Malley) was doing for those who employed him - for, while the one did his duty, honestly towards the British Government, the other did not, to use the mildest possible terms, keep the interests of creditors of the estate in view. To his knowledge, no portion of his stock was ever abstracted or withheld from the creditors, and the residue of it was still in the concern. Witness had been in trade for 30 years, and had not been in difficulties since about 25 years ago, when he effected a compromise.
The bankrupt was cross-examined at some length by Mr.Larkin, with respect to the items set forth in his schedule filed in May 1869, and which had been drawn up by Mr.Gardiner. It purported to give a return of his trading for the two previous years. Witness now stated though he signed his name at the foot of each page, testifying to the truth of its contents, he swore in ignorance of what he swore, and did not read the schedule before he swore to its truth; because once that he saw the trade debts were correct, he believed the entire was correct.
The witness was the examined in relation to his sales and general trading.
The Bankrupt, before leaving the box, stated that when Mr.O'Malley superseded Mr.Marsden, he examined witness's affairs, and observed that certain matters should be brought before Mr.Vance, either by him or by witness. Accordingly, he (the bankrupt) refusing to interfere, Mr.O'Malley proceeded to Mr.Vance's and opened the charges now under investigation.
Mr.James Marsden was next examined. In reply to Mr.Perry, he stated that, on taking charge of the bankrupt's concerns at Mallow, in May ' 69, he kept a book in which he entered the net amount of each day's receipts; and that he did by an arrangement with the bankrupt. He never appropriated any of Mr.Welply's or the creditor's moneys, and did not in any way interfere with the conduct of the business beyond receiving the amount of the sales. The witness also denied that he refused to give Mr.and Mrs.Welply an account of the receipts, or that he ever tore the leaves out of any book in the establishment. He further denied most of the allegations made against him by Mrs.Welply.
To Mr.Purcell - When I took charge of Mr.Welply's place of business, I altered the docket system, because I did not understand it. I put the receipts in my pocket, because there was no "till" or drawer to place them in. There was a desk there, but it was very small, and could be easily removed, as it was near the door. I did make an entry in my own book of three days trading, copied from the bankrupt's book.
Mr.Cleary, trade assignee, here disclaimed having made the statement attributed to him by the bankrupt, and reported in the Irish Times of the 3rd of August; in which he was represented as having said that Mr.Cahill's object in opposing the bankrupt was to break him down, for the purpose of aiding another trader in the same town.
Mr.Cahill, representative in Ireland of Messrs.Stewart and M'Donnell, also stated that he never did any act of unfriendly character towards Mr.Welply. On the contrary, he did everything in his power to assist him. He had no such object in his opposition as that ascribed to him in the report.
After some observations from counsel, in reference to the passing of the final examination of the bankrupt, His Lordship delivered judgement. In doing so he adverted to the importance and gravity of the case, and said that, though satisfied that Mr.Gardiner had endeavoured, to be best of his ability, to put a thorough valuation on the bankrupt's stock in March 1869, its worth, in his (the learned judge's) opinion, was at the time overstated. To some extent, however, Mr.Welply himself was to blame for accepting that valuation. Being of that opinion, and believing none of the property was made away with, he could not come to any other conclusion than that the losses complained of arose from a depreciation in trade occasioned by various and obvious reasons - not the least noticeable of which was the fact that the business has been so long - a period of fifteen months - carried on under the supervision of the officials of the court, and not by the trader himself. Nothing could be more suicidal to the interests of creditors than protracted arrangements of this nature; and, if the present case would have the effect of acting as a warning to others, a great service might be done. It had been alleged by Mr.Larkin that the bankrupt was guilty of reckless trading. Now, after the very fullest investigation of the case, he (the learned judge) could not come to that conclusion, because the purchases made by Mr.Welpy, since he first came to court, did not amount to more than £700 or £800; whereas, had he not been unfortunate, they would have been considerably more than that. What really hit at the bankruptcy was the false statement he made to his creditors in the first instance, in representing the property to be more valuable than it actually was. If he had told them exactly how matters stood, and had not made the extravagant composition of 17s 6d in the pound, which he was not in a position to pay, the probability was that a satisfactory arrangement would have been come to, and the estate would have realised more than it now possibly could do. Taking all the circumstances into consideration, his lordship said he would pass the final examination, but would put a stay of eighteen months on the certificate, to date from the time the case was first turned into bankruptcy. A word as to Mr.Marsden. He did not believe that Mr.Marsden had been guilty of anything like embezzlement - a word he saw in the reports of the case, and which he believed he himself had used on Saturday - but he did think that gentleman had been guilty of some indiscretion in deviating from the business custom of the establishment when he took charge of it, and in rejecting the docket system previously in use there. At the same time, he was far from supposing that Mr.Marsden had appropriated to himself any of the daily or weekly receipts of the concern; but he would advise him to be more prudent in future.
The bankrupt was a grocer, carrying on business in Belfast, and the meeting was for surrender, proof of debts, and choice of assignee. The bankrupt had not surrendered, and did not attend.
[Before Judge Harrison.]
In re James Bell.
On the application of Mr.Lynch, solicitor, Mr.Charles T.Osborne, of Belfast, was appointed assignee.
Mr.Larkin, solicitor, appeared for the creditors.
In re Timothy Murphy.
The bankrupt was a timber merchant, in Dunmanway, county of Cork, and the meeting was for the surrender, proof of debts, and the choice of an assignee. The bankrupt surrendered, and was in attendance.
Mr.Lynch, solicitor, appeared for the bankrupt.
On application of Mr.Cleary, solicitor, Mr.Cornelius O' Shea was appointed trade assignee.
In re Thomas Welply.
The case was before the court on Saturday, and Monday and resulted, as was stated in yesterday's Mail, in a suspension of the bankrupt's certificate from the time of the adjudication of the bankruptcy.
His Lordship now altered that decision by dating the suspension of the certificate by the passing of the final examination, which, he said, would shorten the term of it by some five months, because he would reduce the term of the suspension from 18 to 13
In re Patrick Fitzsimon.
The bankrupt was a spirit-dealer, carrying on business in Amiens-street, the meeting was for the final examination.
Mr.James Walsh, solicitor, appeared for the bankrupt. There was no opposition, and the final examination was passed.
In re P.Keatinge.
The bankrupt was a general shopkeeper, in Middleton, county of Cork, and the meeting was for the final examination.
Mr.Walsh, solicitor, appeared for the bankrupt, who was not in attendance.
Mr.Boughey, counsel, said he appeared on behalf of the petitioning creditor, to compel the bankrupt's attendance in court, for the purpose of examining him with reference to certain property which he sold since he became bankrupt.
Mr.Walsh submitted that the counsel had no locus standi, as the agent had lapsed his time for offering opposition to the passing of the final examination. The case was before the court in January last, when his lordship delivered judgement, passing the final examination, but suspending the certificate for nine months from the previous October. That suspension expired on the 29th of July, and it was not until he (Mr.Walsh) appeared pro forma that he was met with the notice requiring the bankrupt's attendance. The bankrupt was not supposed to attend at this examination, as it was adjourned only pro forma; and he therefore should not be compelled to be in attendance.
After some conversation , the case was adjourned for one month.
In re John Hall.
The bankrupt was a druggist in Belfast, and the meeting was for his final examination.
Mr.Scallan, solicitor, appeared for the bankrupt.
Mr.Purcell, Q.C., instructed by Mr.Cronhelm, opposed the passing of the final examination on behalf of the assignees. He said that, previous to his becoming a bankrupt, Mr.Hall had realised £70 by the sale of some furniture, of which no account had been given in his schedule. Until it was accounted for, of course the final examination could not pass. Mr.Scallan said he was willing to give a return of the sale, but it should have been given before now. Counsel asked leave to examine the bankrupt.
Mr.Hall was then examined by Mr.Purcell in reference to some accommodation bills which he paid for his brother, to the borrowing of money by himself, and to the sale of the furniture referred to by counsel, which, witness said realised about £70.
Mr.Scallan said Mr.James, the official assignee, was in a position to state that the bankrupt's books were fully written up, and had been kept with the greatest accuracy. Everything would be found correctly stated in them.
Mr.Purcell observed that the books had, no doubt, been accurately kept, and he had no objection to the passing of the final examination, on condition that the bankrupt brought into court the bills which he paid for his brother, and that he would give every assistance to the official assignee in the collection of his debts.
At a subsequent period of the day the bankrupt brought into court the bills referred to, and gave an undertaking to assist the official assignee in every way he could in collecting the debts.
His Lordship then passed the final examination.
In re Frances Anne Kelleher.
The bankrupt was a dealer in fancy goods, carrying on business in Cork, and the meeting was for final examination, and the examination of the witness.
Miss Mary Anne Skillen, niece to the bankrupt, and in her employment, was examined at some length by Mr.Perry, in reference to her claim for salary, to the taking of stock some two years since, and to the alleged removal of property. Witness denied that, as far as she knew, there had been any removal of property.
Mr.Pickering, for the creditors, said he was satisfied with the examination of the witness.
His Lordship passed the final examination, but suspended the bankrupt's certificate for nine months from the present date.
In re James H.Pritchard.
Mr.P.Martin (instructed by Messrs.Findlater and Co.), on behalf of the assignees, moved that Mr.M' Crory, solicitor, be compelled to lodge with Mr.Deering, official assignee, £178 8s 7d, the amount of the costs incurred in actions instituted by the bankrupt against Messrs.Shuttleworth, of London. It appeared that Mr.Pritchard brought an action against Messrs.Shuttleworth for alleged wrongful dismissal, as their agent in Ireland, and having received a verdict, the Court of Exchequer directed that the defendants should pay the amount of it, subject to Mr.Pritchard being compelled to refund it, in case the result of a second trial was against him; and that they should also, in any case, pay the costs of the first action. The case went down for a new trial, and resulted also in a verdict for the bankrupt. The amount of costs was £187 8s 7d, payment of which was applied for to the Court of Exchequer, but no order was made in the matter, and the costs had, in consequence, never been paid by Messrs.Shuttleworth.
His Lordship asked if the present application was as against Mr.M' Crory ?
Mr.Martin replied that it was.
His Lordship asked if Mr.M' Crory had the money in hands ?
Mr.Martin said he had nothing to show that.
His Lordship was of the opinion that Mr.M' Crory should be summoned before the court, as at present he had no legal proof that that gentleman had the money to pay the costs.
Mr.Martin said it was but right to state that the London attorneys to Messrs.Shuttleworth had put in a set off to the present claim for costs.
The case was adjourned for the attendance of Mr.M' Crory.
Mr.M' Crory subsequently came into court, and was examined. In reply to Mr.Martin, witness stated that he had not in hand the amount of costs in question, but he had no objection to giving a cheque for it. There was, however, more than that sum due to his clients - namely, £250 - and it was on foot of their claim that he was about applying to amend his proof by setting the one off against the other. Some dispute, it seemed, arose between the two solicitors who had acted for the bankrupt; the costs were taxed as against the Messrs.Shuttleworth, and he lodged in court, in discharge of any claim Mr.Pritchard might have, £160 14s. The amount of the verdict for the first action was £416 2s. As to the taxed costs, for payment of which the present application was made, he told Mr.Findlater that he was quite willing to lodge in court the £178 odd, if his lordship made an order to that effect; and, in fact, it was at his own request that the notice had been served. Besides, the bankrupt, in presence of his solicitor, cautioned him against paying the costs to anyone but himself; and his solicitor approved of that course. If the bankruptcy had not taken place, he would have paid the amount to Mr.Pritchard.
His Lordship made "no rule" on the application.
The Police Courts - Monday.
Assault.- Anne Dunne was brought up in custody, charged with having violently assaulted Edward Maguire, at 15 Ship-street. From the evidence, it appeared that the complainant was standing on the stairs of his house at about twelve o'clock on the night of the 19th of August, when he received a blow on the head, which caused him to fall to his knees. He rose to his feet, and was again struck on the temple. He called for help, and a candle was lighted. The prisoner was then found standing on the landing having a battered can in her hand. The injured man was removed to Mercer's Hospital, whither the prisoner followed him; and , while he stood upon the doorsteps of the hospital, she again struck him. She subsequently assaulted him in the hospital and also in the Chancery-lane Police-station, while the charge was being taken.
The prisoner was sentenced to two months imprisonment, with hard labour.
Charge of Stealing Books.- Charles Hall was brought in custody of Detective officer 25 G, charged with having stolen a book from the office of the Society for the Promotion of Christian Knowledge, 37 Dawson-street. He was also charged with having offered the book for a pawn at Mr.Pluckett's office, on the 25th inst. The prisoner was a messenger in the employment of the society. He was remanded, as the officer in charge of the case was of the opinion that he could prove that other offences had been committed by him.
Stealing Wine.- John Matthews, Eliza Matthews, his wife, and Jane Reilly, were brought up in the custody of Acting Sergeant Toole, 20 B, charged with having stolen six bottles of wine from Mr.Laws wine stores, 17 St.Andrew-street, between nine and ten o'clock on the 28th inst. John Matthews was employed by Mr.Laws as bailiff, and the women were seen standing on the premises, with some of the wine in their possession.
Matthews was sentenced to pay a fine of £2, or to go to prison for two months; and the women were each sentenced to four days imprisonment, in default of paying a fine of 5s.
Charge of Wife Beating.- A young man named John King was brought up, in custody of Police-constable 157 D, charged by Inspector Gorman with having violently assaulted his wife, Mary King, at 2 Pender's-court, on the 27th inst. The injured woman was removed to Mercer's Hospital, where, it appears, she is under treatment for a serious injury, sustained by her through her husband's ill-treatment of her.
The prisoner was remanded.
Assaulting the Police.- Patrick Fannin and Chas.Byrne were charged with having assaulted Constables 130, 132, and 157 D, while they were discharging their duty dispersing a crowd at Pill-lane on the previous evening. It appeared that the prisoners assaulted the first two constables, and subsequently assaulted the third, who came to their assistance. On their way to the station a woman, named Mary Lacy, attacked one of the constables, and was also apprehended.
No defence was made, and the Magistrate sentenced Fannin to six months, Byrne to three months, and Mary Lacy to fourteen days imprisonment, with hard labour.
Charge of Stealing.- William Carr, Brown-street, labourer, was brought up in custody, charged with having stolen, off a tax-cart in Thomas-street, on the 27th inst., about 15lbs of butter, a rod basket, and other articles, the property of Edward Coleman, Dolphin's Barn.
The accused was remanded.
Assault.- Thomas Devine, a painter, was charged by Police-constable 46 C with having been the accomplice of another man, not in custody, who assaulted a gentleman named Bellew on the previous evening, in the neighbourhood of Mountjoy-square. It appeared that the prisoner demanded money, and that, on being refused, he an his companion committed the assault. He was remanded.
Cruise of the Wingate - Open Steam Launch.
Failing in getting half-a-dozen to join in an excursion to the Western Islands and Highlands, through the Crinan Canal, and thence through the Caledonian, visiting all the lakes, with a detour to the Cromarty Frith, returning by North Berwick (where we could billet on some of the High farmers of East Lothian), and the Forth Clyde Canal to Glasgow, we had to start for Kingstown, making a few calls on our trip. Two hours and ten minutes brought us, on the night of the 18th, to Port Glasgow, where we laid out half-a-sovereign in "grub and grog" for the voyage - a skipper, a real old salt, and an engineer, being my companions. Going to a friend's to sleep, a sofa in the saloon of a steamer being offered, I preferred this. Leaving at 5 a.m. on the 19th, we reached Lamlash about one, where we landed to see the village, and spent a couple of hours. The islanders were expecting the Emperor and Empress to be the guests of the Duke of Hamilton at Brodick Castle, and his Holiness of the Marquis of Bute in the neighbouring island; but the heavy odds might, with certainty, be given against both.
(From a Correspondent.)
The Duke is not popular in Arran, of which he is the sole owner, as he is unwilling to let feus for villas and bathing villages, which would soon spring up as at Dunoon, and other watering-places on the Clyde, preferring the island to be a deer-forest and a game preserve, though land not worth five or ten shillings per acre, would feu at ten to twelve pounds, and add much to his rent-roll. The number of small farmers, from fifteen to forty acres are, however, so numerous that it would be a difficult matter to "clear" the Gaels, as had been done in some of the more northern counties, to supplant them with grouse, deer, and sheep. Talking to a Lowlander, and pointing out where some small farmhouses must have been a few years ago, he said the removal of the Celt was for the benefit of the country, and that when one capitalist could sheep-farm some thousand acres, it was useless to have small farmers and crofters cumbering the ground, giving Adam Smith and the political economists as his instructors. Different was poor Goldsmith's opinion, when he said -
"I'll fares the land, to hastening ills a prey,
And different ought to be the opinion of the Government when war is imminent, as, during the Crimean struggle, Sutherland only gave a couple of stalwart Highlanders; while before the depopulation, in our wars with France, she contributed as many thousands. The Irish Land Bill should be introduced into Scotland to protect the Gael there from "capricious" evictions. He is turned out, and leaves without taking a shot at laird, factor, bailiff, or grieve. What is good for the Celt ought to be good for the Gael.
Where wealth accumulates and men decay."
By-the-bye, some Scotch Lowland tenants would have no objection to a Land Bill. On one great estate in Ayrshire the tenant tile-drained several hundred acres, and built a large portion of the steading at his own expense, and on expiry of the nineteen years lease the landlord raised the rent of the farm £150 a year on giving a renewal; his answer to the tenant being, that he did all for his own benefit, and not for the noble lord's. Few Irish proprietors would act so but, if they did, they would run the gauntlet of a shot after a trial by a Ribbon jury. Starting from Lamlash at 4 p.m., and passing Ailsa Craig to the North, we anchored off Carrickfergus at 2 next morning, when we had a few hours sleep, and at 8 steamed to Bangor. The sea was very heavy when crossing the Irish Channel, the Wingate doing her work well, and shipping a few breakers. In the evening we ran up to Belfast, returning to Bangor to spend a couple of days with a friend.
Bangor is a beautiful watering-place, and would be much improved, save that the landlord charges double as much per foot for building-ground as on the Palmerston and Pembroke estates at Dublin, where houses being treble and quadruple the rent. The system of Scotch feuing should be introduced in Ireland for all building purposes. Overend, Gurney, and Co., who own the railway to Belfast, got leases of sixty-six acres in the suburbs on the seashore at six guineas per acre for ever. The inhabitants regret that they did not hold on for a couple of years more, as a fine hotel has been laid out, and many streets, terraces, &c., would have been built. There is a first-class hotel, "The Royal," at Bangor, owned by Miss Johnston, so well and favourably known at the Jury's Hotel, College Green, Dublin, where this lady keeps up the prestige of that first-class house. Bangor has great facilities for reaching either by the Erin steamer, fares for 12 1/2 miles being only 6d first class, and 4d second. The boat has been a great benefit to the town and suburbs, though the proprietor charges £80 a year for landing passengers at the wharf, which most landlords, anxious for the improvement of their property, would give free. The Harbour Commissioners of Belfast also tax the steamers running in the bay with passengers only, which are free in Dublin, Cork, Waterford, and Limerick. Surely, boats accommodating the public, and especially the working-classes, should be free. The railway charges are 1s first, and 10d second-class; no third, except at the hours when the steamer runs, when they give third-class tickets at 6d. This is not fair nor liberal. The rail and steam companies should join and give tickets available by either, dividing, or, as they say in Donegal, "making Ballyshanny of it."
Belfast Lough is very beautiful. Leaving Bangor on Monday evening, at four o'clock, after sending an apology to some Belfast friends whom we promised to dine with, the Wingate arrived next day in Kingstown at twelve. We got an extra supply of grub, without grog, at Bangor. A ton of coals having been made a present to us, our crew got £2 each for the run, while less than two tons of coal sufficed for our Glasgow-Lamlash-Belfast-Kingstown excursion, our provision bill being under her Majesty's sovereign. Such little steamers are well adapted for our canals, interior lakes, and rivers, going with a small consumption of coal, five to seven miles an hour. The dimensions of the Wingate are 35ft long by 8ft., and 4 1/2ft deep, working up to five or six horse power; draught, with thirty people on board, 2 1/2ft., and with forty or fifty, 3ft. The Royal and Grand Canals giving such little vessels entrance to the Shannon, the Barrow, the Suir, and the Nore - Loughs Erne, Key, &c., being easily placed on the Lakes of Killarney, as others something longer have been on the Cumberland Lakes and Lough Katrine.
The Murder Near Tuam
At the Birmingham Police-court, on Thursday, a young man, named Peter Moran, egg and butter dealer, of Birmingham, was charged with the murder of John Walsh, Tuam, Ireland, on the 1st of January last. Superintendent Wilcox, who is in charge of the case, said that in January last the prisoner was at Tuam doing business with the deceased, who was in the same trade but in a larger way. A quarrel took place between them, and as Walsh was riding home he was shot dead. The murderer had not hitherto been discovered. Moran returned to Birmingham in great haste a month ago. He was sent to prison for brutally assaulting a man with a poker, and on his release he was arrested on the charge of murder. Moran, who declined to make any answer to the charge, was remanded for communiation with Ireland.
The Hacketstown Select Vestry.
This vestry passed, on August 9th, the following resolutions :-
"That we shall require for our parish fund to provide requisites for Divine service, the repairs of our church - which is very old - insurance, salaries, fuel, lighting, church charities, and school, about £70 a year; also for our Sustentation Fund, to secure the maintenance of our next minister, about £150 a year; and for the purchase of the glebe house and ten acres of the adjacent glebe land, about £400.
"That we entreat all our non-resident owners of property, and our four hundred Protestants, to contribute to the above fund, according to their means, and 'as God hath prospered them,' being mindful of 'the curse' which He has denounced against all who 'rob Him in tithes and offerings,' and of His promised 'blessing' to those who 'bring all the tithes into the storehouse, that there be meat in His house.'- Malachi, iii.
"That our rector, the Rev.Dawson Massy, D.D., and Mr.Charles Dowzer, be joint treasurers of the above funds; and that we cannot separate without expressing our most warm thanks to our rector and his zealous services in the restoration of the church in our parish."
The following contributions have been promised :-
Parish Fund : Right Hon.A.Brewster, £5; Rev.Dawson Massy, D.D., £5; R.P.Toner, £5; William Murphy, £5; J.M.Stephenson, £5; Charles and Wm.Dowzer, £5; Mrs.William Young, £5; Nicholas Wilson, £3; Thomas Lambe, £1; John Hobson, £1; Richard Hannan, £1; Mrs.Thomas Coe, £1; Thomas Codd, £1.
Sustentation of Ministers Fund : J.D.Vanston, Esq. (donation), £50; Rev.Dawson Massy, £10; Sarah Langrell, 5s; Thomas Harris 1s; Thomas Dewart, R.I.C., 7s 6d; William Shire, R.I.C., 10s; James Dobbs, 10s.
Glebe-house and Land Fund : Right Hon.A.Brewster, £50; J.D.Vanston, Esq., £30; Rev.Dawson Massy, D.D., £40; R.P.Toner, £5; Edward Whitty, £5; Wm.Murphy, £5; Chas.and Wm.Dowzer, £5; Mrs.Wm.Young, £5; Miss Jane Young, £10; Nicholas Wilson, £3; Thomas Lambe, £1; Sarah Langrell, £1; Mrs.Thomas Coe, £1; Benjamin Thorpe, £1.
Drainage and Navigation of Lough Erne - Government Inquiry.
An investigation has commenced at Enniskillen, before Mr.Roberts, of London, engineer, to inquire into the necessity of having Lough Erne, Upper and Lower, drained and made navigable. The greatest interest was taken in the proceedings, which are not likely to terminate for some time.
Amongst those present were - The Right.Hon.the Earl of Erne, K.P.; Lord Viscount Crichton, M.P.; Lord Cole, Hon.H.A.Cole, Captain Archdall, M.P.; Rev.John Porter, John G.V.Porter, Messrs.M' Birney and Co., Mr.Moore, Mr.Teevan, John A.Pomeroy, J.P.; John C.Bloomfield, William A.Dane, John Collum, Paul Dane, Archibald Collum, James Coalter, C.T.C.; Mr.Madden, F.J.Graham, John Lemon, James Lynam, C.E.; Mr.Barton, C.E., I.N.W.R.; J.Stokes, &c. &c.
The first day was chiefly occupied in hearing the objections made.
Lord Erne objected on the grounds that Mr.Lynam's plans were insufficient, and that the cost of the work estimated was insufficient; Mr.Bloomfield objected to the plans as being ruinous to the eel-weirs on his property; Messrs.M' Birney and Co. as injurious to the 200-horse water-power which worked the celebrated chinaware pottery at Belleek. There were some other objections.
Mr.Dane appeared on behalf of the promoters of the work, and Mr.Teevan for parties owning land adjoining the banks of the lake; Mr.John Collum on behalf of the Earl of Erne.
Mr.Barton, on behalf of Lord Erne and others who supported another scheme for placing sluices in the Upper Lake, did not think Mr.Lynam's plans sufficient, and said that it would require a sum of 1s to cut each foot of rock. About 800,000 cubic feet had to be cut, and in all about £148,000 would be required to complete the plans. Mr.Lynam's plans for removing shoals and deepening the river, and placing sluices at the fall at Belleek, would come to, in toto, £69,000, but to include other necessaries such as recommended by Mr.Barton, to open the rivers and tributaries, would not cost more than £80,000.
Mr.Dane, solicitor, contended that placing a sluice at Knock Island, in Upper Lake Erne, would be ruinous to navigation between Enniskillen and Belturbet, and for parties who conveyed their produce by steamboat to Enniskillen would then be conveyed to Lisnaskea markets. He stated that Lord Erne objected to it, and Mrs.Barton too objected, in consequence of the Bundoran and Sligo Railway which ran alongside the Lower Lake Erne, and that he did not see why should so great an enterprise be impeded by such objections. The lake was not properly navigable in summer time. Thousands of acres of land in the upper lake was injured every year, so far up as Lord Cremorne's and Mr.Madden's property.
Lord Erne was examined, and denied the above assertion.
Mr.Barton supported Lord Erne, but admitted that he was interested in the railway company; but his intention, and that of Lord Erne, was for the furtherance of the drainage of Lough Erne. He had heard of property being injured by the floods, and cattle lost as well, but did not believe Mr.Lynam's plans sufficient or the estimate quite enough.
Evidence was next given by some parties from the Belturbet side of the county, and gave harrowing accounts of the small farmers who lived on the lands adjoining the lake. Floods came on at night, and their crops and grass lands, even in summer, were materially injured.
The inquiry is still proceeding.
Relief for the Wounded Soldiers.- A meeting of ladies was held on Wednesday in Messrs.Lindsay's rooms, Calendar-street, Belfast, under the auspices of the Belfast Female Mission, for the purpose of organizing an association which would combine the efforts of all Churches in the work of ministering to the wants of the wounded of both armies. It was resolved to form an association for the twofold purpose of relieving the sick and wounded soldiers, without distinction of creed and nationality; and also to aid the British and Foreign Bible Society in its efforts to supply copies of God's Word in the German and French languages for the use of such soldiers as might wish to receive them.
Confirmation of Converts.
A most interesting confirmation was held by the Lord Bishop of Tuam, on Tuesday the 24th inst., at Clifden, Connemara, for the Mission districts of which that town is the centre, The church was filled to overflowing, more than 500 persons being present. The bishop was attended by the Revs.H.D'Arcy, B.Irwin, R.Ryder, C.H.Pelly, C.B.Campbell, J.Conerney, T.Fleming, R.Mollan, H.Ashe, H.Fleming, and H.C.Cory. The candidates for confirmation were addressed by the bishop in the most earnest manner before the ceremony. All present were struck, by their devout and intelligent demeanour, and the evident progress of civilization and enlightenment, to which the whole scene bore witness. The number confirmed was 157, of whom only 26 were the children of original Protestants. The ceremony concluded with the singing of an appropriate hymn and the episcopal benediction. Miss Payne ably presided at the organ, which has been recently erected, and which was greatly admired.
Emigration.- The stream of emigration to the United States still continues unabated - about sixty emigrants on average, leaving Belfast every night.
Melancholy Case of Drowning.- A respectable farmer named Martin Taaffe, residing at Erinagh, near Ennis, while trying to extricate a cow from a lake, was plunged into deep water and disappeared before any assistance could reach him. He leaves a wife and ten young children to deplore his untimely loss.
Sea Bathing at Dalkey.- An influential meeting has been held at Dalkey, to urge the Town Commissioners the necessity for completing the bathing place at Vico Point. Mr.J.M' Comas, J.P., occupied the chair. Mr.E.Solomons, Mr.P.Cod, Mr.Smith, and Mr.M' Dermott spoke to resolutions. A deputation is to wait on the Town Commissioners on the subject.
The Knife in Ireland - An Italian named Locori was arrested last week in Cork, on a charge of stabbing his son. The father, who is an image manufacturer, was, it appears, drinking, and, having picked some quarrel with his son, rushed at him and stabbed him in the side with a penknife. The blade was broken by the thrust, having come in contact with one of the ribs.
Fatal Railway Accident.- On Tuesday a shocking accident occurred to the train from Athenry due to Ennis at 3.30 p.m. The line skirts part of the Ballycorree racecourse, and the train happened to be passing when the principal race was being run. The usual signal was unheeded by a countryman named Thomas Neville, who was caught by the buffer of the engine and literally cut to pieces. The poor man leaves a wife and four children to deplore his untimely loss.
Dangerous Result of Sport
The town of Enniskillen narrowly escaped a conflagration the other evening, which might have been attended with serious destruction of property, and, probably, loss of life. It appears, from the account given by the Fermanagh Report, that a bonfire had been kindled near a drain in the rear of the gas works, which was charged with ammonia and tarry matter, that had permeated the soil and rendered it inflammable. The sparks ignited the vapour, and an immense cloud of smoke, followed by an outburst of flame, caused a great deal of alarm. Happily the communication between the drain and the tar well inside the building was speedily stopped; and by using a boat-load of gravel, close at hand, the fire was eventually extinguished.
Royal Zoological Society
The Council met on Saturday. There were 4,944 visiters to the gardens during the week. The following donations were received, and thanks voted to the several donors, viz :- To Edward Bates, Esq., of Bellefield, West Derby, Liverpool, for a Nelghaie; to Marter Stephen M' Lean, of 32 Montpelier Hill, for a hedgehog; to R.Broadbent, Esq., Chapelizod, for a pair of mottled rats; to Mr.Flynn, for some crabs, lobsters, &c.; to Sir Dominic Corrigan, Bart., M.P., for a quantity of live fish, for the aquarium; to Michael Meade, Esq., of 152 Great Brunswick-street, for a goat; and to the Lord Mayor for three carcasses of beef, for the use of the animals. We are happy to state that the gardens of the society are now in beautiful order, and the recent additions add much to their attractions. That the estimation entertained by foreigners of our local zoological collection may be appreciated, we feel much pleasure in quoting from the Brooklyn Daily Eagle the following paragraph : "The Zoological Gardens of Dublin - said to be the finest in Europe - contains an ostrich, eight feet high, which eats corn with condescension from the crown of your hat. Five young lions, of one family, are worthy of particular attention, It is from here, my youthful menagerie-hunters, that come the terrible monsters you see carried in the great cages. Over one hundred lions have been reared by the present attendant, and sold to all parts of the earth. In a recent litter was one feeble, sickly cub; the keeper put him in a kennel with a young dog, to keep him warm, and reared him with a child's nursing bottle ..... I shall never see a lion again without pleasing remembrances, and belief that I have patted his father and mother on the back in the Dublin gardens."
It is a pity people in this country neglect to add to their diet by a more liberal use of harmless salad herbs which are now altogether wasted. Watercress is very well in its way, but is not everywhere accessible. It has lately been pointed out that our sorrel plant is a more delicate and agreeable variety than the wood sorrel so largely used at table in France and Germany; that the common shepherd's purse and lady's smock may supply the place of watercress; that the famous "barbe des capucins" of the Paris restaurants is nothing more than the blanched shoots of the wild chicory, and that the "salade de chanoine" is our neglected corn salad. Our peasants, however, have yet to learn the art of making salad, and the wisdom which selects the dulcifies with oil and bitter qualities of such herbs as the endive or its proposed humbler substitutes, the avens, the bladder campion, and the tender shoots of the wild hop. This art must descend to them from a more cultivated class, and in nothing is the English middle-class table more generally deficient than in the wholesome, varied, and savoury salad which adds an attraction to the simplest fare, and gives something of freshness, if not refinement, to the richest as to the poorest table.
Biddle --- August 24, at Buckland-crescent, Belsize-park, the wife of Mr.A.Cumming Biddle, of twins.
Crozier --- August 28, at George-street, Limerick, the wife of the Rev.J.A.Crozier, M.A. Chaplain to the Forces, of a daughter.
Cameron --- August 28, at Gloucester-street, Warwick-square, the wife of Ralph Abercrombie Cameron, Esq., of a son.
Greenall --- August 24, at 14 Conduit-street, the wife of Lieutenant-Colonel Greenall of a son.
Haweis --- August 24, at Lichfield, Staffordshire, the wife of the Rev.Hugh Reginald Haweis, M.A., incumbent of St.James's Church, Marylebone, of a son.
Leach --- August 24, at Belsize-park, the wife of Francis Leach, Esq., of a son.
Mackintosh --- August, 26, at Lewisham, the wife of J.P.Mackintosh, Esq., Bombay, of a daughter.
Mugliston - August 23, at Newick House, Cheltenham, the wife of the Rev.John Mugliston of a son.
Ogle - August 25, at 2 Domvile-terrace, county Dublin, the wife of Isaac W.Ogle of a son.
Strange - August 23, at Manchester, the wife of Colonel Strange, C.B., commanding Royal Artillery, of a daughter.
Baker and Peters - August 23, at Wouldham-next-Rochester, by the Rev.C.G.Andrewes, rector, Walter William Baker, Esq., 29 Blandford-square, London, to Ellen, youngest daughter of the late William Peters, Esq., of Wouldham Hall, Kent.
Cleary and Bomer - On this day, at the Church of the Visitation, Fairview, Clontarf, by the Rev.Mr.Brady, Michael, son of the late Mr.John Cleary, to Annie, eldest daughter of Mr.George Bomer, both of this city.
Creyke and Lawes - August 25, at Harpenden, by the Lord Bishop of Rochester, assisted by the Rev.E.T.Vaughan, rector, Walter Pennington, eldest son of the Ven.Archdeacon Creyke, to Caroline, only daughter of John Bennett Lawes, Esq., of Rothamstead-park, Herts.
M' Fall and Bellenden-Clarke - August 28, at Christ Church, Bridlington-quay, by the Rev.James Thompson, M.A., David Chambers M' Fall, Esq., 34th Regiment, to Frances Elizabeth, second daughter of the late Commander E.J.Bellenden-Clarke, R.N.
O'Mahony and Brown - August 26, at St.James's, Piccadilly, Captain R. O'Mahony, 24th Regiment, to Mary Taylor, daughter of the late Mr.W.H.Brown, of Philadelphia, U.S.A.
Thomas and Borwick - August 24, at the parish church, Walthamstow, by the Rev.Thomas Parry, Arnold Thomas, Esq., of Bilson House, Newnham, to Charlotte Elizabeth, youngest daughter of George Borwick, Esq., of Elms House, Walthamstow.
Armitage - August 23, at 111 Manor-street, Clapham, S.H.Armitage, Esq., aged seventy-five.
Barnardiston - August 24, at The Ryes, Sudbury, Suffolk, Roger Arthur, infant son of N.Barnardiston, Esq., and Lady Florence Barnardiston, aged three weeks.
Burke - August 24, at Kilmarron Glebe, Julia Fanny, the beloved wife of Rev.Henry A.Burke, Rector of Tydavet, county Monaghan, aged 75 years. "Blessed are the dead that die in the Lord."
Cotgrave - August 24, at Great Yarmouth, Richard Cotgrave, Esq., commander Royal Navy, aged seventy.
De La Rue - August 24, at his residence, 122 Harley-street, William Frederick De La Rue, Esq., of the firm of Thos.De La Rue and Co., in the forty-sixth year of his age.
Farquhar - August 22, at Strontian, Argyllshire, the Hon.Mrs.Harvie Farquhar, accidentally drowned while bathing, aged forty-eight.
Humfrey - August 27, at the residence of his brother-in-law, Ashfield Hall, Queen's County, John Keys Humfrey, Captain and Adjutant of the P.W.O. Donegal Militia.
Johnston - August 24, at Bagneres de Bigorre, France, Nathaniel Johnston, Esq., of Lescure, Bordeaux, Member de la Legion d'Honneur.
Lane - August 25, at Rock-view, Dalkey, Alicia, the beloved wife of Matthew Lane.
Swann - August 24, at Leamington, Emma, third daughter of the late Rev.C.Swann, rector of Ridlington, Rutland.
Wright - August 25, at his residence, Carrahor, county Monaghan, after a short illness, Joseph Crowe Wright, Esq., J.P.
Wragge - August 22, at Charlton, Christina Mary, wife of Lieutenant-Colonel Wragge, late Royal Artillery.
Dublin : Printed and Published for the Proprietors every
Saturday, at No.26 Parliament-Street
Saturday, September 3, 1870.