motion for a new trial; going minutely into the whole
case, and deciding for a new trial, on the ground that
he could not hold that the will was so definitively
established as that the court could carry it into execution.
The instructions of Baron Parke to the jury were not so
explicit as could be wished. The Vice-Chancellor
entirely absolved the Duke of Manchester from the
charges of fraud set out in the bill, and hoped that in
the new trial the irrelevant matter introduced before
would not be again imported into the case. The new
trial will take place on the question of the capacity of
the Duchess of Manchester to make the will.

At the Hertford Assizes, on the 13th inst., a young
man named Miguel Yzsquiardo, a Spaniard, was tried
for the Wilful Murder of George Scales. At the Spring
Assizes the prisoner was charged with the same offence,
but in consequence of his refusal to plead, a jury was
empanelled to try the question whether he was wilfully
mute, or mute by the visitation of God, and upon the
jury finding by their verdict that the prisoner was not
at that time wilfully mute, the trial was postponed to
these assizes. The prisoner has ever since resolutely
persisted in refusing to utter a word, and upon his now
being placed at the bar, not a syllable could be obtained
from him. When he had been asked several times to
say whether he was guilty or not guilty, and had given
no answer, evidence was called to show that he was
wilfully mute. The jury returned a verdict to that
effect, and the trial proceeded. In August last the
prisoner was tramping about the country, and when at
North Mimms he fell in with a lad named George
Scales, who was in charge of a field. It is supposed the
lad endeavoured to frighten the prisoner off his master's
land, and that the prisoner stabbed him. Very singularly
the lad's father, a constable, helped to take the
prisoner into custody on a charge of trespass, not
knowing that within a few yards lay the body of his
son. The prisoner, when the deed was afterwards
discovered, did not attempt any denial. The facts having
now been proved, the jury returned a verdict of Wilful
Murder. Next day the prisoner was brought up for
judgment. When called upon in the usual form to state
whether he had anything to urge why sentence of death
should not be pronounced against him, and the purport
of the application was explained to him by the
interpreter, he made no answer. The learned judge then
briefly addressed him, and said that he had been found
guilty by the jury of a crime for which, by the laws of
this country, his life was forfeited, and he then proceeded
to pass sentence of death in the usual form. The prisoner
heard the sentence without betraying the slightest
emotion, and left the dock without uttering a word.

A number of the inhabitants of Allhallows Staining
have been summoned before the Lord Mayor for Non-
payment of Tithes due to the Rector under a statute of
Henry the Eighth. It would seem that tithes have not
been demanded for twenty years; some of the parishoners
demur to paying them now; others plead poverty. The
rector says it is only justice to himself and his successors
that his legal claim should be acknowledged; he is willing
to treat with any poor persons in a liberal spirit, but
the wealthy ought to pay the legal amount. There was
a discussion as to legal points and jurisdiction. The
Lord Mayor thought he should have to condemn any
recusant to imprisonment for life under the ruthless law
of Henry the Eighth; but the chief clerk considered
that a recent act had modified that law. Eventually, it
was arranged that the parishioners should have an
interview with the rector.

At the Marlborough-street Police-court, on the 21st
inst., Thomas Dew was charged with attempting to steal
with violence, from the person of William Naylor. This
was another of those cases of Garotting, which have of
late become so alarmingly frequent at the west-end of
the town.—Stephen Naylor, shoemaker, Great Crown-
court, St. James's, said that between 12 and 1 o'clock
on the morning of the 17th inst., he went into a public-
house at the corner of Tichbourne-street, and had a pint
of ale. The prisoner and several other men were there
in company. Prosecutor left the house, and was walking
through Greenhead-court, when he heard footsteps,
and on turning round saw the prisoner and one of the
men who were with the prisoner in the public-house.
He walked on, but was suddenly seized round the neck
by some one behind, and tightly grasped until his breath
was gone. The prisoner came in front, put his hand
into his pocket, but found no money. He struggled with
the man who held his throat, and he got the man's hands
away, upon which the prisoner and the other man ran
off in different directions. He pursued the prisoner, and
did not lose sight of him until he was stopped.—Police-
constable Griffiths heard the cry of "stop thief!" and
saw the prosecutor pursuing the prisoner. He followed,
and secured the prisoner in Queen-street.—The prisoner,
who denied the charge, was fully committed.

Courts Martial have been Held at Windsor on two
Officers of the 46th Regiment. The first was on a
charge preferred by Lieutenant Thomas Fergus Greer,
against Lieutenant James Edward Perry. The
circumstances, by Greer's own statement, were these. Very
early on the morning of the 29th June, Greer had an
altercation with Perry, and "pulled him about;" and
Perry struck Greer with a candlestick, without warning,
and rendered him insensible: on his recovering, Perry
again struck him on the head, he remembered nothing
more until he again recovered, and told Perry to send
for a doctor. By cross-examination, Perry endeavoured
to obtain admissions that Greer had repeatedly forced
him to gamble; dragged him about by the collar;
called him a "swindler" and "a son of a—"; and
made him toss for a bottle of wine "for Greer's woman."
There was a witness to part of the scuffle. Esther
Major, a dressmaker, the "friend" of Greer, was
present: it was between twelve and one o'clock: she
heard Greer repeatedly urge Perry to play at cards and
rouge et noir; she heard him use offensive language;
heard Perry order him out of his room; heard a scuffle,
and, entering from Greer's room, saw Greer leaning
over the wash-hand basin bleeding. In his written
defence, Lieutenant Perry told his own story. He said
he was alone in the world; his father, an officer, being
on service in India. Having limited means, he determined
to be "a quiet man," and thus became an object of
reproach and ridicule. To show how he had been treated,
he stated that time after time he had been dragged from
his bed and compelled by the officers to go through the
sword-exercise in a state of nudity. Appealing to his
superiors, he got no redress. On the night in question,
Greer forced him to toss and gamble, and when he
lost cursed him. When Perry got up to leave the room,
Greer dragged him back by his coat; seized him under
the arms and jammed him against the wall; struck him
on the chest and stomach. Perry told him to consider
himself under arrest; but Greer proceeded in his
attack. Unable to bear this any longer, Perry snatched
up a candlestick and struck Greer until he loosed his
grasp. Perry's statement was listened to with deep
attention. The judgment of the Court will not be
published until it be approved by the Commander-in-
chief.

The second Court Martial was upon Lieutenant
Greer, at the instance of Colonel Garrett, the colonel of
the regiment. The evidence was substantially the
same as on the trial of Lieutenant Perry. The proceedings
are not yet terminated.

At the Exeter assizes, on the 24th a man named
Harvey, a chimney-sweep, was tried for the Murder of a
young woman named Mary Richard. It was a most
atrocious case. Harvey, meeting the girl in a solitary
place, attempted to violate her person, and, on her
resistance, fractured her skull with blows of a hammer.
She lived long enough to make a statement which was
taken down in writing, and fully confirmed by other
evidence. The prisoner was condemned to death,
without prospect of mercy.

NARRATIVE OF ACCIDENT AND
DISASTER.

Mr. E. C. LUARD, of Jesus College, Cambridge, son of
the rector of Winterslow, near Salisbury, accidentally
walked over the town-quay, at Southampton, into the
water on the night of the 28th ult., and was Drowned.
The deceased, who was shortsighted, was going to the
pier to see some friends off by the Jersey boat at midnight.