had no right to the music, as part of the air was to be found in the duett of" Se fiato in corpo avete," and the remainder from "the Last Rose of Summer." The evidence of Mr. Carew (as given on the trial last week) was read from lord Denman's notes; and Mr. G. R. Rodwell, Mr. Rawlings, Mr. Dannely, and others were examined, for the purpose of proving, that there was so great a similarity between the air alleged to be the plaintiff's and the two airs above-mentioned, as to deprive the former of all claim to originality. Dr. Carnaby was also called for the same purpose, and stated in addition, that he had heard his grandfather, fifty years ago, sing the same air to the same ballad of "a Brave Old Country Gentle

man."

The principal witnesses for the plaintiff were recalled, and gave their opinions in contradiction to those of the defendant's witnesses, as to the supposed similarity between the several airs.

The jury retired to consider their verdict between five and six o'clock, and remained locked up all night.

On lord Denman's taking his seat the following morning, the jury came into court, and intimated to his lordship that eleven of them were agreed, and that the objection of the one juryman who opposed them was, that there was not sufficient evidence of the plaintiff's copyright. Lord Denman then read to them the evidence of two of the witnesses, who had proved that the plaintiff handed over the music in his own manuscript to be engraved, and that the band of the Edinburgh Theatre had played the song from his (the plaintiff's) MS. The jury, after

conferring together for a short time, retired, and in about an hour they returned, stating that they were unable to agree. Lord Denman then said he should direct a nonsuit-a course which was not, perhaps, quite usual, but which, under the peculiar circumstances of the case, he thought he was warranted in adopting, considering that the evidence to prove the copyright was at least of a very doubtful nature.

A nonsuit was then entered. The attorney-general shortly afterwards came into court and addressed his lordship, submitting that the course he had taken was wholly unprecedented. The utmost limit of the jurisdiction of a judge under such circumstances was to discharge the jury, if both parties consented. He submitted that his lordship had no power in such a stage of the proceedings to direct a nonsuit. Lord Denman observed, that there could be no doubt that he had a right to direct a nonsuit, no one appearing on the part of the plaintiff. The matter was now decided and could not be opened again. The plaintiff might move to set aside the nonsuit if he chose. (Lord Denman) was not sure that he ought not to have directed a nonsuit in an earlier stage of the cause. The attorney-general called his lordship's attention to the fact that the plaintiff would be compelled to pay the very heavy costs of the nonsuit, and, besides, have to wait until the next term before he could renew the proceedings. Lord Denman (with some warmth).— The matter is now decided, Mr. Attorney, and I shall hear no more on the subject.

He

18. LANDING OF DON CARLOS. -PORTSMOUTH.-At six o'clock a. m. this morning the admiral

superintendant's yacht was despatched to the Donegal for the purpose of conveying on shore Don Carlos's family and suite. At a quarter before 7 o'clock the Donegal was seen to "man yards," and a royal salute of twenty-one guns was fired from that ship upon the party embarking on board the yacht; captain Fanshawe accompanied the illustrious strangers, who, upon landing at Sally-portstairs, were received with a second salute of twenty-one guns from the platform battery. A captain's guard of honour was drawn up in the street, and the marine band, as the prince and princess entered the post carriages which conveyed them to their apartments in High-street, struck up "God save the king."

Notwithstanding the early hour the platform was crowded with well-dressed people. The universal respect paid to the royal party, and the general manifestations of sympathy for the distressed situation of the prince and princess were such as became the inhabitants of Portsmouth.

Sir F. Maitland, the superintendant, lord Adolphus Fitzclarence, captains Harcourt, Codrington, and others, paid their respects at 12 o'clock.

Don Carlos, on leaving the Donegal, expressed himself in terms of heartfelt gratitude for the kind and generous reception he experienced from the captain and every officer on board. He addressed them on the quarter-deck in the French language as follows:

"Messieurs,-Avant de vous quitter, mon cœur sent le besoin de vous temoigner ma reconnaissance pour la manière amiable avec laquelle vous tous nous avez traité. "Moi et toute ma famille n'oublierons jamais les services rendus avec tant de franchise et de

générosité qui a toujours distingué la marine de la Grande Bretagne.

"De près, comme de loin, je me rapellerai toujours de votre excellent capitaine et des officiers appartenans à ce beau vaisseau ; et pour que j'aie toujours en memoire leur noms, je vous prie, M. le Capitaine, de vouloir bien me donner la liste de ces braves officiers."

19. FUNERAL OF DR. DOYLE. High mass of the dead commenced about 11 o'clock. The remains of the prelate lay in the choir in coffins of lead and deal, covered with plain brass mounting, and black cloth. His crosier and mitre were placed on the lid; a number of wax-lights, and the darkened appearance of the great eastern window, gave an air of solemnity and grandeur to the interior of the cathedral. The celebrant on this occasion was the bishop of Ossory, the right rev. Dr. Kinsela, a pupil and a fellow professor of Dr. Doyle. The rev. Messrs. Nolan, Byrne, Taylor, and M'Carthy, of the college, assisted as archdeacon, master of the ceremonies, deacon, and sub-deacon. His grace the most rev. Dr. Murray presided in the choir. His lordship's chaplain was the rev. Mr. Cowper, of Dublin.

His grace the most rev. Dr. Slattery sat next, on the right side, to the archbishop of Dublin-chaplain, the rev. Mr. Morris, parish priest of Borrisoleigh. Between his lordship of

Cashel and the deceased there subsisted an intimacy from the period of their professorships in Carlow to the present time, being about twenty-four years. Next on the same side were the right rev. Dr. Murphy, bishop of Cork-chaplain rev. W. Clancy, professor of moral philosophy. On the left of Dr. Murray, bishop of Ferns, the right rev. Dr. Keating sat, attended by

the rev. Mr. Rafter, parish priest of Graigue, as chaplain. There were above 150 clergymen present from the different dioceses of Dublin, Kildare, Ferns, Waterford, and Cashel, and several members of the religious orders of Augustinians, Dominicans, Jesuits, and Carmelites. The church was crowded to excess with the gentry and people of this and the neighbouring towns and counties. There were several Protestant ladies and gentlemen in the gallery.

The funeral took place in Carlow. The procession was one most suitable to the occasion; it consisted of the children of the nunnery and national schools. There were nearly a thousand of these receiving education at Catholic schools. They were followed by the members of the charitable societies established at Carlow, and all were decorated with scarfs and hat-bands. To these succeeded the young gentlemen educated in Carlow-school, the collegians, and all the respectable inhabitants of the town, in deep mourning. The hearse was drawn by six horses. The pall-bearers were W. Blake ney, esq. M.P., T. Wallace, esq. M.P., Messrs. Archbold, Vigors, Tench, Haughton, and Cassidy. The bishop elect, the rev. Dr. Nolan, and the relatives of the late bishop, followed. Almost every clergyman in the diocess was present. The procession passed through the leading streets of the town, and then returned to the chapel, in the aisle of which the body was interred.

The procession was about two miles in length, there being at least 20,000 persons in attendance. The hearse was drawn by six horses, the people having been prevented on this occasion from drawing the hearse through the

town and country to avoid the accidents and fatigue attending such a journey; besides, they had already exhibited their respect for the deceased, by drawing the remains from Braganza to the cathedral. All the shops of the town, without any distinction, closed. The chapel, college, convent, and poor-school bells, tolled during the entire time; no business whatsoever was transacted during the funeral.

were

The bishops were in waiting to receive the body at the western door of the cathedral, about five o'clock, when the immense multitude returned. Though Dr. Doyle ordered his executors to place over his grave but a plain slab, or stone, with a short inscription, they consented to gratify the laity and clergy by the erection of a suitable monument in the cathedral.

24. MUSICAL FESTIVAL.-The first performance of the royal musical festival, at Westminster Abbey, was celebrated this day. The king and queen, and the royal family, and most of the nobility, were present. The prices of admission were one and two guineas, according to the situation, and all the tickets for disposal had been purchased several days previous. The entire area of the nave, the space within the aisles, and the great galleries at each side, were filled with ladies and gentlemen-the number of the former greatly predominating, and their dresses being of the lightest, gayest summer colours, the effect of which was heightened by the fitful chequered light, broken as it was in its course by the heavy clustered pillars. The royal box, or rather spacious apartment, and its two wings, as also the enclosed gallery before it, looked still more attractive from the great number

of court and military uniforms which appeared in them. His majesty, the queen, the princess Augusta, the princess Victoria, and the duchess of Kent, occupied the front row of the apartment. The duke of Gloucester, the duke of Meiningen, the young princes, and a great number of the house hold, appeared behind. The side apartments were filled with her majesty's suite, and with lords-inwaiting, with the aides-de-camp of his majesty. In front the directors appeared, for the most part in uniforms. The archbishops of Canterbury, York, and Armagh, several bishops and dignitaries of the Abbey, also had here seats provided for them.

The royal party arrived at the Abbey exactly at a quarter past twelve, in full state, and as soon as their majesties and suite entered the royal box, the orchestra, which had been in readiness for a few minutes, commenced its magnificent display.

The introductory piece was Handel's coronation anthem, composed to the following words:-

"Zadok the priest and Nathan the prophet anointed Solomon king; and all the people rejoiced and said, God save the king! Long live the king! May the king live for ever! Hallelujah. Amen.'"

When the chorus began, the whole of the company stood up, and remained standing till the conclusion of the piece. When it came to the passage, "God save the king! May the king live for ever!", the most lively emotion was perceptible among the audi

ence.

The entire performance closed a few minutes before four o'clock. There was then a general move into the centre of the galleries from those parts which did not

command a view of the royal box; and as their majesties did not retire for some minutes, there was abundant time to gratify every spectator with a view of the royal party. They retired in the same order in which they had arrived at the Abbey, and were well received by the multitudes collected to view the procession out of doors, which formed scarcely a less splendid scene than that within the Abbey. In all, without including the orchestra, there were 2,700 persons present, of whom 1,500 occupied reserved seats, and 1,200 the common or guinea seats.

The second rehearsal took place on the day following the first performance. The total number of rehearsal tickets issued, and actually employed on that day, was about 2,500, being at least 700 more than at the first rehearsal. The same order, and the same regard to the convenience of all assembled, was manifested as on Tuesday; and the coup d'œil of the whole interior, though diminished in magnificence by the absence of the royal party and suite, was not in any very material degree less striking.

The second performance took place on Thursday, the 26th with still greater eclat and effect, than the preceding. A considerably larger number of persons attended than on Tuesday. By half-past nine o'clock the very few tolerable guinea seats were all occupied ; and the candidates for unreserved places who arrived at a later hour were under the necessity of sitting behind pillars, which shut out the light and excluded the sound. By-and-by even that imperfect accommodation was not to be obtained, and visitors less alert contented themselves with standing-room. Their majesties, attended by their

suite, entered the Abbey at a few minutes after 12 o'clock, and were received in the same respectful manner as on the former day.

The performances commenced with the Coronation Anthem of Handel, "The king shall rejoice." The effect produced by this and the other chorusses, from the immense volume of sound emanating from so large an assemblage of choristers and so powerful an orchestra, was tremendous. The singers, from having become accustomed to each other, sang much more firmly together than on the first day's performance, and took up the points with much

greater tact. The performance consisted of selections from various composers for the first part, and from Handel's sacred oratorio, Israel in Egypt,' for the second and third.

The rehearsal for the third performance took place on Friday. Upwards of three thousand persons were present, a greater number than on any preceding day.

The third performance took place on Saturday: and the concluding performance on Tuesday, when the Abbey was as crowded as on the preceding days.

The subject of the last performance was the Messiah.'

1,778,000 Francs.

increase of 10,039,000 Francs.