The Sun. — London, England, 1846-12-10 00:00:00

MARKET NE WS.—('r ins DAY.) 72. X IST 2.. y, 315 3 to 5/ SUITIIFIELD..---Meadow Ha 9 / 8s to 4/ • Clover ditto, Aver _ , ; and Straw, 11 lOs to 1113 s per load. A full age supply and a sluggish demand. g:. C1131-B Entaxn.lleadow Hay, 2/ 10s to 41 2s; Clover, "to, 31 58 to 4116 s ; and Straw, 11 lOs to 11 14s per load. titiPly tolerably good, and trade firm. ~.Virtlrr EcHAPEL.—Meadow Hay, 2/ 5s to 4/; Clover aitto, Hay 3to ; and Straw, 1/ 10s to 1/ 13s per load. Beth and Straw moved off' slowly, at late rates. IVI.IIIZIKETS. tlAir 3 . , snAst, DEC. 9.—Beef, from 3s 10d to 4s 4d ; 'Mutton, ' 10 (1 to 58 4d ; Veal, 4s to 4s 8d; and Pork, 4s to 4s Id per Blbs. ~,.AR ITN DEL, DEC. B.—W e b a d a s low trade to-day, and C:e3 wer e not supported. Beef, from 3s to 4s 2d ; Mutton, per 8111 " 1 to 58 2d; Veal, 4 s t o 4 s 6d ; and Pork, 4s to 4s 4d Ctt Be as -i s cR EsTER, DEC. 9.—There was a fair sale for the best, and Sheep, otherwise the trade was dull. Beef, from ~. :to 48 2d; Mutton, 3s 10d to 5s 4d ; Veal, 3s 10d C a r 6 c l ) and Pork, 4s to 4s 6,1 per Sibs. Suckling s :es, 18s to 28s; quarter-old Store Pigs, 16s to 19s each. to..d a lrr li ALL, DEC. 9.—We had a large supplyof stock on sale drop PP 3% Gene ra ll y speak i ng, t h e deman d was h eavy , a t 4.1 g prices. Beef, from 2s 8d to 4s 2d ; Mutton, 4311; (1 . t ° 53 ; Veal, 4s to 44 6d ; and Pork, 4s to 4s 8d per Mr 0R D DEC. 9.—There was a fair sale for the primest li t 7L B , at full pr i ces. In other kinds of stoc k excee di ng l y was doing. Beef, from 2s ld to 4s 2d ; Mutton, ud t o os 2d ; Veal, 3s 6d to 4s 6cl; and Pork, 4s to 64 Per Sibs. S uc kli ng C a l ves , 18 s to 30s ; and qtzarterold store Pigs, 16s to 20s each. XENVGATE AND LEADMNIZAMM. v r h i lese markets were well supplied with each kind of meat to 8 Sold slowly on th e f o ll ow i ng t erms : —B ee f, f rom 2 s 6d 4,41 1 , 64 ; Mutton, 3s 6d to 4s d ; Veal, 3s 6d to 4s 8d; ork, 3 s 6d tc 4s 8d per Blbs. 6 by the carcase. it - btrb fttattapii T/ 7 „ Th e X COUNCIL—(THIS DAY.) a u Judicial Committee of the Privy Council sat p art !! to-day to hear the further arguments on the heard appEal from the Chancery of York—of 1111 QUEEN's PROCTOR V. THE SOLICITOR OF THE kr DUCHY OF LANCASTER. k• -Amu PARKER opened the case on behalf of the o 'P n; and occupied their Lordships the whole trt. CHANCERY —(THIS DAY.) .0 tld D r e ' - 'Ord Chancellor did not sit in his Court in the belLincoln's Inn to-day in consequence of their alli n - ° ; ° a l Y one appeal set down for hearing. His Lord ~yeest„ts to - morrow, and on [Saturday the case of Mr. Sombre is appointed for hearing specially. Viv r , --- v - ..CHANCERY.—(THIS DAY.) hi (Be r -4 4 VICE-CHANCELLOR of ENGLAND.) d tattse s t '°nour the Vice Chancellor of England hear cants b,„ - ?'aY, but nothing calling for a particular report , - „'°Ce his Honour during the morning. koiefore Vice-Chancellor Sir J. WIGRAM.) Thi s sauTTLEwoRTH v. BENGOUGH. the ei, Wa s a bill filed f u r the p u rp ose o f determining oCityte.tl;.'ln of the pl a i nt iff, w h o a ll ege d t o b e en titled to ital Part of t wo h ouses i n Old B roa d- street , i n the the w . .,,Abe d e f endant was the only surviving trustee o f lt re °f a Mr. Hussey, and the other defendants 11 44 P a rties who laid claim to the other two third dip of t he houses. It appeared that the testator by his proper t he 7th of August, 1834, left two-thirds of the dleY in question to his two daughters Mrs. Mid to, go - to , an d Jane, the wife of John Silver, die remainder t he survivor, and after her demise to go to the t he de l f l . as tenants in common. It was contended by *ere "Wants that the children of la. Silver to an illegitimate, it and therefore disentitled them : 4 1,11 )0 ,4 Portion o f th e p ro p er ty i n ques ti on ; in t atit °l. Which affidavits were produced to the effect tftrr yih r s- Sil ver l eft her husband (who was a jeweller, oati e l O n business in Hatton-g ar de n ), with his ap -1 th at ' and the c hild ren i n ques ti on were t h e resu l t Dertio,7 eo nnextion, she having lived with this Alai tio , till the period of her death, in 1842. The t ,he p;',llad disposed of the share in the property, and led the to whom the same had been disposed insti -1 T h "un present proceedings. b ot to e ti e l ase for the plaintiff was opened to-day, and had „ -e tided at tho rising of the Court. `f‘j•C'EN'S BEN CH.—(THIS DAY.) 1 11% tre Mr. Justice ERLE and a Special Jury.) -.ECT BIRMINGHAM, OXFORD, AND BRIGHTON ATMOSPHERIC RAILWAY. • „ o Nv . Zivr, . 4.ICD ANOTHER v. BLUNT AND OTHERS. klloth:rederiek Thesiger, Mr. Montague l.nt. Chambers,s; Mr.aod teekb t Learned Gentleman for the ai iff t i Tif a titil and Mr. Peacock were for the defendants. 4 0 1- ; was an action brought to recover the sum of i'llie t l i fr 'r work, labour, and money expanded by the Diketie under the following circumstances :—The * 4 o ,, s ' Captain Stopford Thomas Jones, civil engineer, kehte," s of the registered promoters of theabov o e f - Neoptded railway. Mr. Thomas Nyas,. solicitor . __ s reacourt, was . his coajutor. The plaint f i o ff r , a it ap pre- 'itili e — a ' took offices in Moorgate-street, paid :t ile cistr n rY : su 'veY,and the other expenses incidental f ndant Mr. to the v uelie 'f , oll of a railway company. The de e 44 -beetrnlt, and the - other defendants, Mr. Den . osey eth ers °ll Thompson, Mr. Benjamin . . com_ ttette beam© Davis, and members of the managing 1° Pe t ., 1 , 1 and . agreed, on the 9th of October, Ilf t a jf. I'm plaintiffs 2,000/., and to allow them the option theyVaz, 2,500 shares in the company for the expenses e ctreeltd incurred in promoting the company. They t e thi s ,t° accept those terms, but had o _ be on the contract into Ithi e t i t i l ule, to obtain Il ti e defendants had the fulfilment o with them. The eed„,, the 1, --. ..,'!" had placed several cmire plans on the record, bet alleged 12S the contract had been ob hinApulg one a i • ' , I thro gl e fraud, t which Sir Frederick Thesiger is -dtt atis 11- „ eo f the most scandalous ever brought following a eo ed as Pustice. He then proceeeed to call the -011owin r p , Urt i o tne - sses in support of his case: — Ile said L Lin: a :Bi ggs , examined by Mr. CHAMBERS— „ 0 'WM the son of Mr. J. Big gs , mist October He wawa practical engineer, and lived at who died on the 26th of A u tilW o cb :t l h wi c? . H u e s t w i as ng g .ast aged to make a survey in the Year, for the purpose of surveying a line of railway from Birmingham, through Henley, Etratford, and so on to Brighton by the plaintiffs. . Mr. Stephen Pritchard, - 'in the Railway Ration- fli a clerk f ord ° ne proved that the Direct Birmingham, registeredOx on , and Brighton Railway Company was The Regis :go 6th ot October, 1845, and read the description. lntnotera were Stopford Thomas Jones, C.E., Cornhill_e talar f ee 21 _Thomas Nyas, solicitors, Copthall-court. The 4 4 4 . of 5/. was paid. On the 12th of September o 'ace was received, requesting that the name might eee t t s red to the " Direct Birmingham, Reading, Oxford,,, peop2srighton Atmospheric Railway Company. Tretns was also supplied. A te t r a r book was handed to the Master, who readth o e , th e 's of the provisional committee, and the list t eyttlefice.rs of the company. It was signed Thomas Preiilnq explained the object of the line,_ and . that a a s Prop ( 7 l flarY survey would be made. The capital w T,Ate ur Be d to be 2,000,0001. The London solicitors were he ds' eoppock, Smith, and Co., Bedford-row, London. the reefendant's name and the other defendants were in th eca Otered prospectuses. Several registrations took e r ill order that additional names might be added.. 1i°1 114 1114 Prospectus contained upwards of 100 provi ktrarnitteemen. „ *4 teed James Coppock, solicitor, of Cleveland-row, o e l x i: I .mtee „ ,I, Mr. U. CHAMERS—He said he was a t s d in ,00th ttlt, rarlianientary agent, and that he had . acted 41 4 eese capacities for the railway in question in J T u h ly e ~Wieet'',l%,..lle knew Mr. Nyas and Captain Jones. ge „,- 41 Moe were extremely well fitted up. Oefoltrauiticated with solicitors in Birmingham d an t d o 141 ‘ ea;',. IC ce* that the late Mr. Biggs was enfgtahgeesor 'is to h . of the line. He brought some o He conti- Se ( ' ~,m4 a , and he corrected a few of them. Itft town, iet for the company until September, when he 4...e..tising.. 14,_ 1.. 141 1 a ma _ the t4f1 4 11- l ie employed Mr. Wyld, the map engraver, p for the company, and Mr. Barker, agent, to advertise li e saw hi: Jones frequent' , S3.aS t w the andh em i the g s c a n ; p ;l n r y - . a s 444lleiPal- We received instructions aboti e , tanowtocitearkeitohfer BirminghamMr.Nyas. and a solicitorf he ~, have s been he a that htehat tilu e . :: S ore e t rZiee ; but had good deal to tatisfiedeatild n° t give ' an he could .e it do, and iteurr that Ilr. Nyas it the time u discharge all liabilities aired. 11 °44 If 1 , 30 had n s ot w b e eli l e d ved it a legitimate scheme took old no t ha had had anything to do with it, and on. t lide eed n ' cs e Pains to ascertain that it was so. lie c Cr op ! ,0 00. at the time a very moderate sum. ‘ II Y re * examined by Mr. CocKßuaN—Had not received de moue, for his trouble ;in fact he had .. nt - o ,t . ~,t ll° co e n d any, as he did not continue in the se, vice . i .0 111,1 733 1 ,f a nY- . He could not say whether 2,500 . shales teeder _fair de compensation, because everything v, te taken shares nor have got up a company for . the % w" of obtaining shares. He should not have given Ite.uleg for the shares. eppeitextehined by Mr. M. CHAMBERS Mr. Biggs %PP ted tO hira to have taken pains in making the b eY iq • itt4, — °/ 1 13 said he became one of the provisional com h - Itik, th of the line at the latter end of Atimist, at which t tert a ,• ° e ftpany had offices in Moorgate-street. He Zre th e at that time that Mr. Jones and Mr. Nyas • cat ) 0 Projectors of the railway, and that Mr. Blunt, Se Z it s , and Mr. Thompson, were members of the gm ll c ell t nittee. The offices had been obtained, clerks . Igt, eMployed, and a survey had been made by Mr. fre. 'e r „All the expences were defrayed by the plain the liis'ney Were there all day, and generally managed velled",_qertaking until the 9th of October. They tra tkeepa`Q Brighton and other places in the service of the ~,Ilietill . A meeting was held on the 9th October,. at mlie e _ • Blunt occupied the chair ; on that occas!on l ef titt(ligneittee considered that 15,0001., wit . h the option tailtail talon considerable numbers of shares in h th l e h co o m r -. ii / I v ntild be sufficient compensation for t e a o , 2 ,50 0 , ° plaintiffs considered that they were entitled to the 's and the committee agreed to pay 2,000/. with I R :Ptio u t . ( I oi taking 2,500 shares, and the plaintiffs *ith e ,lto that offer, and to relinguish their connexion Nib:" c ompany after that date. The hares of t e ue e ` -fl y had been issued ; it existed, and s was likely h t( , ) ,, eowrofitable company. Had 100 or 200 shares in it; e r 'lnt recollect exactly. the r - et araned by Mr. COCKBURN—Had not paid up likei ls 448 . If the company were well managed, it was th,, t Y th to be a lucrative undertaking. Was not aware ke el ,c) Plaintiffs had any other little schemes on the ei,, . 4, that time. lie had Ehares in a great nun l);1- ka a , e ' ‘`,', / P` l t , ita at that time; po-sibly in fist -nty or thirst, I,OC ado t iw that Mr. Nyas had offices in the same house tilaate.,.k company, with which ho was connected. Mr. etellid di not say at the meeting in question that they 11 " Pay the plaintiff's demand, or they could not justify such an account to the shareholders. Could not say how many shares he hail taken up, nor the money he had paid. The money he paid was his own. He did not know to what amount he had signed contract deeds, still it must be something very eansiderable. He was present at the meeting, in consequence of expecting that he would he applied* to to be joint secretary to the company with Mr. Rayner. He was now glad he did not get it, as the company had been badly managed. Sir James Douglas Hamilton Hay examined by Sir F. THESIGER—He said he became a member of the managing committee on the Bth of October, on which day the members of that committee were nominated. He attended a meeting on the following day, the 9th. Ile corroborated generally the evidence of the last witness with respect to the contract with the plaintiff. The committee considered that the amount agreed upon was a fair one, and they had paid all expenses up to the issuing of the first prospectus, and which that sum was intended to cover. He had not paid up the shares he took in the company, nor had he been called upon to defray any part of the 2,000/. or the other expenses of the company. Most likely he should have been so called upon if he had not been compelled to withdraw from the company in consequence of indisposition. Mr. John Risdale, clerk in the London Joint-stock Bank Company, examined by Mr. PEARSON, proved that there was an account kept at that bank by the company. The deposits received were about 8,0001. Cross-examined—The date of the last deposit was the 3d of December. 3,5001. was transferred to the western branch of the bank. Mr. J. Peppercorn, of the Stock Exchange, proved that the firm with which he was connected had pur chased a considerable number of shares in the company. This was the plaintiff's case. Mr. COCKBURN held that the declaration of the plain tiffs had not been proved, and raised an objection to the right of the plaintiffs to dispose of the company before the contract in question was made. Here was a provi sional committee without IN hose consent they had not the power to dispose of the undertaking. They were their joint partners. The agreement, besides, was not binding, as it was not " executory." He held that the plaintiffs must, therefore, be nonsuited. Mr. PEACOCK followed on the same side. The jury accordingly returned a verdict in accordance with the ruling of the Lord Chief Baron. road, when they came up with a small van, such as is generally used by travelling tinkers or dealers. In. this there was a fire, with a joint of mutton cooking over it, and underneath the axle tree they discovered the carcass of a sheep minus the joint that was over the fire. The constable immediately apprehended the prisoners. COMMON PLEAS.-(THIS DAY.) PAPANICOLAS V. ABITBOL. This was an action brought by a gentleman of the name of Papanicolap, to recover from the defendant, a sharebroker, 451., being the difference between a sum of money lent by the latter on 200 Madrid and Valenlia railway shares, and their market value, on the 30th of April, in the present year. From the statement of Counsel for the plaintiff, it appeared that early in this year the plaintiff was in want of money, and in order to realise a sum he deposited the shares in question with the defendant for the advance of 1501., with the under standing that the money should be repaid with interesi on the 30th of April. On that day, about two o'clock, Mr. Mullins, of the firm of Bush and Muffins, of St. Mildred's-court, called at the delendant's offices and ten dered the money, which was refused on the allegation that the tender being made after one o'clock, according to the rules of the Stock Exchange, the shares were for feited The defendant retained the shares, and hence the present action. Mr. Sergeant Byles conducted the case for the plain tiff, Mr. Humphre3s for the defence. Evidence having been called to prove these facts, Mr. HUMPUREYS was proceeding to address the jury on the alleged rule of the Stock Exchange under which the contract was made, with the object of showing that the money not being tendered before one o'clock the shares were forfeited, when The LORD CHIEF JUSTICE decided against such a defence. There was nothing in the contract itself, or the evidence, to warrant that supposition ; and as the issue in the pleadings was raised on this point, unless the Learned Gentleman had evidence to offer in support of it, the verdict must go for the plaintiff. The Learned Gentleman intimated that he was not prepared to offer any evidence on the point beyond what was in possession of the Court. Under his Lordship's direction, a verdict was then given for the plaintiff for 451. • The jury, without hesitation, returned a verdict 'of Guilty, and the prisoners were sentenced to ten years' transportation. Joke Wo? sfold, aged 31, was indicted for stealing a pony mare, the property of Mr. D. Reece, of Kingston, on the 16th of November. William Jones, a dealer and driver of Welsh ponies, who had identified the pony, stated that on the day in question he lent it to a couple of lads, the sons of neighbours, for a ride. They returned without it, and he subsequently found the prisoner upon its back. He immediately endeavoured to take possession of it, when the prisoner struck him a viola nt blow on the head, which nearly stunned him. He, however, persevered, and with the assistance of one of his null, notwithstanding violent abuse, took possession of the pony. The prisoner was afterwards seen at Kingston, when he denied that he was the person accused, but afterwards admitted that he was, and asserted that he took the pony in a lark. The prisoner, in his defence, stated that instead of having stolen the pony, it had been lent to him by the boy who had it at the time. After a brief consultation, tilt) jury returned a verdict of Guilty, and the prisoner was sentenced to ten years' transportation beyond the seas. GUILDHALL.-CTHIS DAY.) A middle-aged man, of respectable appearance, of dark complexion, with bushy black hair and whiskers, and of rather low stature, was placed at the bar before Mr. Alderman Sidney, charged with several frauds upon tavern-keepers and confectioner s in the City. The prisoner, on appearing be fore the Magistrate, in dignantly refused to give his name or address, and insisted that the complainant could only claim debt against him, and protested against what he called the illegal conduct of the inspector, in locking up a respect able man like him all night, in company with " bad characters," in a station-house. SHERIFFS' COURT.-(THIS DAY. Sir FREDERICK TIIESIDER replied, and held that the plaintiff's were the proprietors or projectors of the scheme until the 9th of October, and that they had a perfect right to dispose of it in the manner they did. Mr. Justice EP.LE considered that the promoters of a railway had an undoubted property in their scheme until they legally parted with" it., but as consideration had not been shown on the part of the plaintiffs for their claim, they must be nonsuited with power to move to have the verdict entered for them on a new trial. BUDD V. BIRD.—FALSE IMPRISONMENT. This was an action to recover damages for false im prisonment. The defendant suffered judgment to go by default. Mr. CLARKSON, who appeared for the defendant, who is a widow lady, expressed her regret that she had wrongly suspected the plaintiff; and she not only exone rated her in the fullest manner, but was willing to make a pecuniary recompense, and himself and his Learned Friend, Mr. Miller, who appeared for the plaintiff, had agreed to a verdict being taken for 251. Mr. MILLER britfly stated the case, from which it ap peared that the plaintiff was a female servant to the de fendant, who is an old lady, 80 years cf age. In January last she missed a 101. note, and, suspecting the plaintiff', gave her into custody, and she was locked up in the station-house all night. In the morning, however, the defendant remembered what she had dono with the note, and the plaintiff was of course discharged. She had been in most respectable famines, and her character had been to a certain extent affected; he was, however, glad that the defendant now so honourably bore testimony to the honesty and good character of the plaintiff. A verdict was then returned fur 25/, POWELL V. TUIT. The plaintiff in this action is an artist, and the de fendant a retired captain of a merchantman. The action was brought to' ecover the sum of 51., for painting por traits of the defendant, his wife, and two children. On the part of the plaintiff witnesses were called, who deposed that the defendant had approved of the painting, and had paid 10s. on account, and said he would pay the other as soon as he received a sum owing to him ; he, however, subsequently r e fu se d to pay, on the ground that they were not good likenesses. Mr. LANE, the defendant's attorney, produced the painting, which he pronounced to be a wretched daub. The defendant had got no legs, the lady only one hand, with three fingers, and appeared to be sitting on the back of the sofa. Then there were the two children, poor little horrible-looking objects; the nose of one ap peared to be split, the boy's ear stuck out, and looked like the handle of a jug, and the only arm which was seen was like a stick stuck into the body, and there was an attempt to represent him in the act of writing on a slate. In short, they all looked like a lot of cripples. To compensate, however, for the deficiencies, the de fendant was favoured with a couple of large, staring eyes, although he was almost blind. He would call an artist of considerable experience, who would give his unbiassed opinion as to the merits of the picture. Mr. Orson was then called, and said there was not one principle of art in the composition. Everything was false, and everything looked mutilated and cut up. There was some animal on the floor, perhaps intended hr scat, but looked like a baboon without his behind.— (Laughter.) He considered it to be of little or no value. In cross-examination he said he had been a student of the Royal Academy for about seven years. He was a portrait painter. Mr. THOMAS, for the plaintiff, said the portraits were excellent, and everything in keeping. In the defendant there was even an improvement on nature, for the plain tiff had thrown the most amiable smile into the coun tenance which any person could desire to have.— (Laughter.) The children were also cherubs, instead of horrible-looking little objects, and the likeness was true to nature, and anybody could see whose children they were, for they were like both the father and the mother. —(Laughter.) Then there were copies of the pictures in the room after Vaedervelde, Stancliffe, &c., and those alone cut out were worth all the money. It was, as the showmen say, not art but nature ; the water was real water; a better slate could not be. Then there was the glass of grog, the fruit, chairs, table, sofa, every thing to make it valuable as a scene of domestic happiness and conviviality.—(Laughter.) As to want ing to see all the hands and the legs, it was as bad as the gentleman who wished for a sketch of his house, and refused to pay because the artist did not show all the four sides.— (Laughter.) As to the little boy's missing arm, there could be no doubt, whilst pretending to write, he had taken an orange, and was hiding it behind him.— (Laughter.) It was all so true to nature, that taking the defendant out of the painting altogether, and cutting it in pieces, it was well worth the money.—(Laughter.) The Learned UNDER-SHERIFF summed up, and left it to the jury to say whether there had been an agreed price, and, if not, what was the value. The jury gave a verdict for 305., in addition to the 10s. already paid. The ALDERMAN proceeded . to hear the evidence of Mr. Inglis, the confectioner, in St. Paul's Church yard, corroborated by a young woman in his service, that in the course of yesterd ay the prisoner feasted sumptuously at his house, upo.n mock turtle-soup and other minor refreshments, and was afterwards walking off without payment, saying he l 4 ad no mone3, and must have credit for his cheer until some other day. This not being aceeded to, he said boldly that the young woman who waited on him in the first instance had agreed to give him credit. Rut Mr. Inglis at length gave him into custody, and money more than sufficient to pay being found upon him, the charge of fraud was eventually taken. The plaintiffs were accordingly nonsuited. CONSPIRACY.-THE ATTORNEY-GENERAL V. JANES BUTTON AND OTHERS. This was an indictment at the instance of Mr. Lewis, an extensive dyer in Oxenden-street, Haymarket, against the defendants, James Button, George Button, his son, Thomas Corduroy, and William Wellesford, for conspiring together to defraud him. James Button had been in the service of the prosecutor's father and of the prosecutor himself for upwards of 34 years, and had been promoted from an apprentice to the situation of foreman of the works, and lived rent-free on the premises. The other defendants had also been a long time in his service. Mr. Lewis allowed those who were employed in his establishment to dye their clothes and those of their immediate relations, free of expense. This privilege the defendants had abused, as they had carried on an extensive busi ness on their account for some time with a number of persons, and for their own profit, and had con sequently defrauded the prosecutors of several thousands of pounds. The goods they d)ed at the expense of the prosecutor in this way mostly bore the initials of the defendants, whose job it was. The defendants had all pleaded not guilty, but Wellesford had retracted his plea and pleaded guilty. Sir F. Thesiaer, with whom were Mr. Clarkson, Mr, Peacock, and Mr. Ballantine, were for the prosecution; and Mr. Sergeant Allen for the Buttons. Mr. Char 'lock was for Wellesford. • Corduroy was undefended by counsel. Mr. Bailey, of the Sun Tavern, Ludgate-hill, the pro prietor of the Goose and Gridiron, in the same neigh. bourhood, and Mr. Goodwin Cat.non, of the Punch Ta vern, 99, Fleet-street, recognised him as the perpetrator of similar victimising feats upon themselves. After hearing a good deal of evidence of the same character, Mr. Alderman SIDNEY asked the prisoner if he persisted in refusing to give his name, for if that were the case he should commit him as a rogue and vagabond. The prisoner at length stated that his name was John Simmons. The ALDERMAN observed that he had on a previous occasion given the name of Johnson, and that more re cently he had figured under the name of John Smith. The case concluded by the prisoner being committed for two months. MARLBRCY-STREET.---(THIS DAY.) William Ruddle, a respectably-dressed young man, was charged with entering the service of Edward Har rison, Esq., by means of a false character. Mr. Harrison, residing at No. 9, Berkeley-street, Berkeley-square, said the prisoner applied to him on Saturday, the 28th of November last, for a situation as footman, and complainant having made the usual in quiries, was referred for the prisoner's charac ter to George Foley, Esq., Trowbridge, Wiltshire, and complainant wrote by the next post for his charac ter. On the Wednesday following he received an answer from a person representing himself to be George Foley, and stating that Mr. Huddle had been in his service three years, and that he was a respectable honest and industrious young man, and that he knew nothing to the contrary. In consequence complainant took the young man into his service on Friday last. On the following day in . complainant's absence, the prisoner applied to complainant's sister, who lives in the same house, and borrowed half-a-crown from her, stating that he wanted that to bay shoes with to wait at dinner. This circumstance excited suspicion, and complainant wrote to the clergyman of Trowbridge to as certain from him whether there was such a person as Mr. Foley. Complainant then handed in a letter which he had received, in answer to that, from the Rev. Mr. Hastings., the clergyman of the district. It stated that no gentleman of rank and fortune, with that name, resided in the locality, but that there was a per son in a humble sphere of life, but of a most respectable character, named Foley, who lived in Trowbridge ; that he had called on him, and ascertained that he knew a young man called William Huddle, a respectable person, but said that he had never written a character for him, nor did he think his son George would do so, but he promised to send his son to the cler gyman ; that the said George Foley, a banker's clerk in Trowbridge, had called on him, and confessed that he had written a character for Huddle, and that it was en tirely false. The complainant stated that the prisoner, during the time that he was in his service, borrowed from the cook all the money that Ehe had got. John Pickford said he kept the Old Parr's Head public-house, Aldersgate-street, City, and that the pri soner had resided there in his house ten or fourteen days about two months ago, and had subscribed himself as William Huddle, Esq. ; that it was so written on his cards, and stated that he had been in the wine and spirit trade. He stayed at his house till witness asked him for the amount of his bill, and then decamped without pay ing it. The witness produced a letter from the prisoner to the person who had introduced him to witness, stating that he (the prisoner) had got married a fortnight ago. The prisoner declared his story to be true, and denied that he had imposed on the complainant. Inspector Whall said he had the strongest suspicion that he bad seen the prisoner in custody before, and bagged lie might be remanded till some constables from the different divisions could see him. Mr. H ARDWICK said the com pl a inant had bettor bring grime witnesses from Trowbridge against this day week, and remanded the prisoner till that time. A great deal of evidence was adduced on the part of the prosecution, which showed that the Buttons parti cularly had carried on considerable business in the way pointed out. The case fur the prosecution had not concluded when we went to press. The case, owing to the number of witnesses, will most likely be adjourned until to-morrow. MIDDLESEX SESSIONS. (THIS DAY.) Richard Bragge was indicted for a riot and assault on the 17th of November last, under the following circum stances : LONDON and _NORTH-WESTERN RAILWAY COMPANY.—(THIS DAY.) A special general meeting of the proprietors of the London and North-Western Railway was held this after. noon, at the Euston-square station, for the purpose of considering the expediency of leasing the Shropshire Union Railways and Canal, of purchasing the Dunsta ble Railway, and of leasing the Scottish Central Rail way, in conjunction with the Caledonian and Lancaster and Carlisle Railway Companies. Mr. George Carr Glyn, chairman of the board of directors, in the chair. The CHAIRMAN said he was glad the meeting ga ve him an opport un i ty o f explaining and removing the doubts which seemed to prevail in reference to the amal gamating which had been going on in the county. It was well known that he had always been an advocate for sound management and the due and proper observ ance of the rights of territory. Hitherto the tributaries and branches of the railway system had originated with private companies; but when their Acts were obtained their tributaries and branches had been invariably handed over, on lease and purchase, to the larger com pany whose districts they intersected. It was for the purpose of carrying out that principle that the present meeting had been called together. A good deal of mis apprehension prevailed upon the subject of the liabilities of this company, for at the present liable so far g moment they w ere p ract i ca bly not liable for one single guaran t ee whatever---he meant not practicably was ttle u a a s ra t n he tee in to tere t s h t e of N othrteh Unionc ompanycNovmaspcaonyn-, cerned. The o n ly guarantee t h e company was li a bl e for Lose line was held joi n tly w ith t h e M anc h ester an d na eds Company ;• but, in point of fact, there was no the caFrviren.j.mar,•,; per - r jent., the guai - anieed interest—the guarantee of 5 per cent. to the Coventry and Nuneaton Company, which, if the line could be transferred to a private individual, would not be considered an unprofitable speculation; the guarantee to the London and Birmingham Canal Company, the traffic of which also returned more than the amount guaranteed, and the guarantees to the Bedford and Buckinghamshire lines, which would prove of great ad vantage to their own line, because it opened up a communication, he might say, from Norwich in the East, to Oxford in the West. Those were all the guarantees they were liable for at present, but, as he said before, in point of fact, they were not liable at all, because the lines themselves would all return considerably more than the money guaranteed to them. The liabilities he proposed they should enter into now were based upon precisely the same principle. The first was a guarantee of half the premium of their own dividend and half the surplus profits to the proprietors of the Shropshire Union, Railway and Canal, an extensive range of line from Wolverhampton and Birmingham to Shrews bury and Wales. The capital of the company was con siderable ; it amounted to four millions six hundred pounds, but the returns of the existing traffic were equally great, and ultimately there could be no doubt it would more than compensate theni for the guarantee. The second was for the purchase of a small line to Dunstable, at the actual expense which had already been incurred, and the third was for a guarantee of 7 per cent. to the Scottish Central Railway, but that guarantee was a joint one, in conjunction with the Caledonian and Lancaster and Carlisle Company, and they would only be liable for so much of the guarantee as would be equal to the through traffic that would flow upon their own immediate lines. He concluded by moving a resolution affirming the agreement for the lease of the Shropshire Union lines. Mr. ENTWISLE, M.P., said, while he admitted to a certain extent the force of the principle with which the Honourable Chairman set out, he could not conceal from himself that the Hon. Chairman had omitted from his category of liabilities the loans to the Holyhead Company, and the position they occupied in : reference to the Manchester and Birmingham Company. Had these liabilities been mentioned, the amount would have been considerably augmented ; and, under those cireumstances, he objected to the liabilities it was pro posed they should row enter into, p, - rtieularly the gua rantee to the Scottish Centrql Cunip a ,,y. Mr. CASSON urged the directors in future to forward to each proprietor the terms upon which it was proposed to lease lines. The CELAIRKAN replied that the estimate he made at The defendant was the proprietor of a beer-shop, called the Prince of Wales, in Hyde-place, Hoxton, ad jacent to which was a piece of unfenced ground, belong ing to a lady named Price. This the defendant con verted into a skittle-ground, Mrs. Price, from some cause or other, taking no steps to prevent the occupa tion. Some time after her death, her son brought an jectment, and possession having been taken in the usual form by the sheriff, the ground was given to a person named Warford, the prosecutor in the present indict ment. Upon possession being taken by Warford, the defendant, followed by a mob of about 200 persons, en tered the ground and attempted to dispossess him, during which the utmost disorder and rioting prevailed, and the prosecutor was knock e d d own. The mob was supplied with several gallons of beer by the defendant, who cheered them on. M r. O'Brien add resse d t h e j ury for the defendant. The jury at once returned a verdict of Guilty, and The ASSISTANT JUDGE said they could not allow this country to be mad e su bj ect so a species of lynch law, like that attempted by the d e f en d ant, and he should, therefore, order him to pay a fine of 101. to th e Q ueen, and to enter into his own rccognizances in the sum of 401., and to find one surety in 201. to keep the peace for the next twelve months. _ J amese ll o l f ak t V he or t d ol w i- a tt s ik i e n r d s ic i t n ed th f e or em a p s l s o a y u m iti e n ngt Bro l w iw n n , l o a n s of the trustees of the Commercial-road turnpikes. The facts of this case have been so rerently reports._ in The Sun, and the general feeling of the inhabitants 1 in the neighbourhood of the C o mmercial-road on the +h. t„11.. , L-krnantiPd alone that line so fully understood, that it will suffice to state the indict ment in the present case rested upon an alleged assault committed on the toll-taker at the bar at America-street. The prisoner having pleaded Guilty, Mr. WYLDE, who appeared for the prosecution, said, as the prisoner bad pleaded guilty, and thus afforded an example, which was all his clients sought, he should not press for anything beyond a nominal penalty. The defendant was then fined Is., and discharged with a caution. A number of indictments against individuals, most of whom were either Italian or French, for keeping dis orderly houses at the West-end, were heard, and the par ties allowed to stand out upon their own recognizances, on consideration of their abating the nuisances. October, and pounds of beef at Epsom on the 29 th o Z SURREY SESSIONS.—(T HIS DAY.) sentenced 'lhn ß ar t, t o threeaged 38,was months' labour, in Brixt on gao l. m n d p i r c i t , e o d n for m en t s e w a ling hard Maria Reed, aged 25, and Joseph Smith, aged 40, were indicted for stealing, on the 29th of October, four silver spoons, and one German silver one, at West Horsley, the property of Henry Whitbourn. The prisoners made a long rambling defence, but the jury gave little credence to it, and found them guilty, and they were sentenced to six months' imprisonment, with hard labour. Ann Elliott, aged 40, was indicted for stealing a silver spoon at Croydon, on the 31st of October. It appeared that the prisoner had presented the spoon to pledge, when she was stopped by the pawnbroker and handed over to the police. After some days the owner of the spoon was discovered; he identified it, and the prisoner was committed. The prisoner, on being called on for her defence, ad mitted that she had taken it but not with any felonious intent. Mr. Beck, the owner of the spoon, at whose house the prisoner was employed as a charwoman, gave her an cx cellt.W; character for honesty, and The jury brought in a verdict of Not guilty. Benedict Robert Illohun, aged 24, was indicted for -tealing a sheep, the property of Mr. king, of Bramley, on the 11th; of Novemb:.T. The chief witness against the prisoner was one of the rural police, who going along the road near Bramley, satin the skin and entrails of a sheep lying near one of the fields in the occupation of the prosecutor. Mr. King immediately - .iduntified the skin, and accompanied th cou,aable to at.certain what had iron done with the carcase. On reaching the spot where the skin had been lying, they perceived the wheel -tracks of a small cart, and the foot-marks of a pony or don key, which they followed for four or five miles, on the THE SUN, LONDON, THURSDAY EVENING, DECEMBER- 10, 1,,;6. their last meeting of their future prospects included the liabilities alluded to by the Honourable Member for South Lancashire, and the details of those liabilities and future prospects, which he could not make public, were open to the proprietors. With regard to the suggestion of the second Honourable Proprietor, he could only state that it would involve the sending out of upwards of 10,000 circulars, and the directors, '.without the authority of the shareholders could not take upon themselves the trouble and expense of such a proceeding. The resolution was then put and carried unanimously, as were also resolutions approving of the other two agreements. The CHAIRMAN then rose to explain the course he had takes in reference, to the Birmingham and Oxford line. There were two distinct charges preferred against him; one was, that in some way or other he had interfered detrimentally to the settlement of the negotiations for purchasing the line when it was supposed to be disposed of; the second was, that he had neglected making overtures of peace till the last hour— in fact, that he waited till a cabal had been got up in Lancashire upon the subject. Now, every one knew that he was an advocate of peace, and to show that he had long been so he need only allude to what occurred last year. A negotiation was then opened for peace, and Mr. Brunel and Mr. Carter met as the accredited agents of the two companies, and arranged the terms, but the Great Western, at the last moment, refused to agree to them.] Still he was opposed to warfare be tween the two companies, he considered it detrimental to the interests of the public and the shareholders, and only calculated to benefit the lawyers. Entertaining these views, therefore, and knowing Mr. Russell per sonally, he again made overtures to bring about peace, believing that where there was a will there was a way, and the result was, that Mr. Russell de manded that he should consent to the ex- , tension of the broad gauge frem Fenny Compton to Wolverhampton, but he particularly and unequivo cally refused to give such consent. Subsequently, Mr. Saunders and Mr. Swift were appointed to negotiate as the accredited agents of the two parties, and Mr. Saunders, at the first meeting, again demanded that the broad gauge should be conceded to the Great Western Company, but Mr. Swift refused to agree to it. At a subsequent meeting Mr. Swift proposed that the gauge question should be left open, to be fought in the next session; and now the negotiation seemed to be draw ing to a favourable close. A few hours afterwaras, how ever, another meeting took place, and now Mr. Sanders proposed that the gauge question should be referred to the counsel of the Great Western Company, but Mr. Swift refused to agree to it, but proposed that it should be referred to the counsel of either company, or to the newly constituted railway board. Mr. Saunders refused both proposals, and the negotiation went off. Now, how had he interfered to perpetuate the warfare that bud been going on? But he need not dwell further on that point, because he ihad received a letter front Mr. Russell since the meeting of Feiday, in which he withdrew the first charge. With regard to the second charge, he would mention that the memorial from the north did not reach his bands till the Wednesday previous to the Great Western meeting, and he wrote the letter which :had been so much commented upon in the hope of again laying the foundation for peace. Had be felt inclined to take advantage of the cabal, he would have communicated with the directors of the Birmingham and Oxford line rather than the Great 'Western Company. He was perfectly justified in proposing a joint lease, because it was pretty notorious that the wants of the public were iecreasing to such a degree that they required another line. Now, would it not have been better that the Birmingham and Oxford and the Buckingham lines should have been used to take off the surplus traffic, rather than they should be put to the ex pense of laying down double rails? Viewed in that light, he Alas quite convinced Parliament would have sanctioned a joint lease, and he warned the Great Wes tern Company not to carry their principle of competition too far. The only points opened to the applicability of such a principle were to be found in their own district. Still he was for peace, and he yet hoped that ere long it would be come to. Mr. CASSILN, who made the second charge against Mr. Glyn, said that at all events the chairman must admit that his letter was ill-timed. Mr. ELLis MoGLEY, of Liverpool, explained the course which he had taken upon the subject, and declared that the question of the Birmingham and Oxford purchases was not settled yet. Like their Honourable Chairman, he was to rpe the powers of an unwholesomeacebutiftheGreat Westernw deter minedemeerepeti test j Lien, why let them. A vote of thanks was then passed to the Chairman, and the meeting broke up. LLYNVI VALLEY RAILWAY.—In pursuance of the usual notice, the first general half-yearly meeting of this company, was held to-day at the London Tavern—W. Matthews, Esq., in the chair—to receive the report of the directors, and to decide upon the adoption of an ex tension of their line by a short branch to Augh Taine. The meeting was but thinly attended, but the report was adopted; and it was decided that an application should be made to Parliament for the branch. Thanks were voted to the chairman and directors, and the meeting separated. FATAL RAILWAY ACCIDENT.—An old soldier, who had recently received his discharge, was killed o the Edinburgh and Glasgow Railway on Wednesday evening. He was a passenger in one of the fourth-class carriages by the train which leaves Edinburgh at five o'clock, and it appears that when the train had ap proached within five or six miles of Linlithgow, he at tempted to enter into the adjoining vehicle, but having missed his footing, he fell on the rails, and all the It rnaining carriages passed over him. The train, which at the time was proceeding at full Speer , , it seems was not stopped to take up the body, it being known that a luggage train was not far in the rear. On the arrival of the latter at the spot, the corpse was found dreadfully mangled.—Scotsman. THE COAL TRADE.—The attention of the Govern ment having been called to the circumstance of French vessels clearing out from ports in this country with coals, ostensibly for France, w hich, in fact, were destined for Algeria, whereby her Majesty's revenue had been defrauded of the export duties, the Commissioners of the Customs have been commanded to instruct their officers to take bonds, on the shipment of coals in French vessels, for the due landing of the coals in France. The collectors at the various ports will therefore take care that when coals are ship ped in French vessels, or in vessels belonging to any foreign country with which treaties of reciprocity have been concluded, bond be given in double the amount of duty payable on the coals, and that the said bond be ex ecuted by a responsible British resident, unless the par ties shall be disposed to deposit the amount of duty pay able on the exportation of the coals, to be returned on production of a certificate of the same having been duly landed at the place for which they may have been en tered. GAOL-FREAKING.—On Wednesday night, a prisoner named Mackenzie made his escape from Elgin gaol in a very bold manner. The door of his cell was left open, by the doctor's orders, the prisoner having been ill and vomiting blood. Taking advantage, the prisoner forced the lock of the passage door with one of the iron hooks of his hammock, and having taken some fire from the stove, broke open a small door leading to the garret. There the prisoner set fire to the roof, and burned a hole through which he clambered, and, fixing another hook of the hammock to the water pipe, swung himself on to the enclosing wall, thus escaping unobserved. He has not yet been retaken. He wade his escape some time ago from Forres gaol, and also from Gray's Hospital, to which he had been removed from gaol, suffering under the same complaint. DISTRESSING ACClDENTS.—Yesterday the follow ing accidents occurred, one of which, it is feared, will end in loss of life :—The first case was that of James Allen, aged thirty years, a labourer. He was engaged on the roof of Messrs. olls and Co.'s floorcloth manufactory, in Kennington-lane, Lambeth, when he slipped and fell about fifty-four feet, to the basement of the building, where he received the most fearful injuries. He was conveyed to Guy's Hospital, where he was found to have sustained a fracture of the right arm; extensive ir7 r• the chest, fractures of several ribs, and other illiPpengtto . a lehiala namenameu alurtthr-. nine years, residing at No. 2, Fair-street, .Horsi) . She was walking along a passage, when she stumbled over a trapdoor, and fell heavily to the floor, and when raised up, was found to have received a compound frac ture of the left thigh. She was taken to Guy's Hospital, and is progressing favourably. A third accident took place to a young woman named Jane Hopkins, of No. 21, Flask -court, Tooley-street, Southwark. She had been to take her husband's tea, and while crossing the carriage way in High-street, Borough, she was knocked down by a cart, the off wheel of which passed over her legs. She was carried to Guy's Hospital. SUSPECTED SUICIDE FROM DRUNKENNESS.—Last vening an inquest was held by Mr. W. Carter, at the Welsh Trooper, Bankside, Southwark, on the body of Margaret Donaghue, aged 66 years, lately residing at No. 11, Pigeon-court, Ray-street, Clerkenwell, who, it was alleged, had committed suicide by jumping off Black friars-bridge. The deceased obtained a scanty liveli hood by selling fruit, but for some time past had been leading a life of drunkenness, pawning and selling every thing she possessed. On Satureay morning last she was seen by her daughter drinking at the White Swan public-house, in Ray-street, which place she left quite intoxicated, and nothing more was seen of her until 5( ven o'clock on Sunday morning last, when a man named Nevitt, whilst standing on the pier at Biackfriars-bridge, saw the body of a female floating down the river. He rowed after it, and conveyed the body ashore, but all efforts to restore life were unavailing. Several duplicates were found in her pocket, which ultimately led to her identity. There being no evidence to prove how the de ceased came into the water, the jury returned a verdict of " Found drowned." CHILD MURDER.—Yesterday Mr. Mills resumed, at the Bull and Mouth, Ebury-street, Bloomsbury, an in quest adjourned from the 25th ult. ou the body of a male infant murdered under the following circumstance :—lt appeared that a bar-maid, named Clitalotte Cooper, ivho w as then cnceink, was married in June to James Mit chell, who resided at No. 13, Gilbert-street, St. Giles's. On the 22d ult. she was seizes: with the pains of labour, and on the following day gave birth to the infant, which was subsequently found buried in the soil of the water • closet. Mr. Bennett, parochial surgeon, proved that the child had had a separate existence from its mother, and that it died from having been suffocated in the water closet a few minutes alter its birth. In conscquence of the non-attendance of the midwife, who had been sum moned, the inquest was a third time adjourned, a war rant having been issued for the mother's arrest, and also for the arrest of the midwife. The latter was issued at the request of the jury. EXCHEQUER.-(THIS DAY.) MONTAGUE LEVYSON V. ZADOC AARON JESSELL. In this case Mr. Sergeant Wilkins and Mr. Simon ap peared for the plaintiff ; Mr. Martin and another Learned Gentleman for the defendant. This was an action brought by the plaintiff, Montague LevNsan, a diamond merchant, to recover compensation in damages for a violent assault committed by the defen dant, Mr. Zadoc Aaron Jessell, also a diamond merchant, between two and three o'clock in the afternoon, upon the 23d of Apra last. It appeared from the evidence of the various witnesses who were called, and the opening statements of the Learned Counsel, that the assault complained of was committed in the immediate neighbourhood of the Lord Mayor's Court. The defendant was a young and active man, as compared with the plaintiff, and he was seen to inflict several very severe blows in rapid succession upon various parts of the plaintiff's person, but more especially directed towards the head and face. The plaintiff was not seen by any of the witnesses to strike the defendant upon any occasion. At the conclusion of the at tack the plaintiff was carried away in a fainting state, into the . passage of the Lord Mayor's Court, where he was seized with violent hysterics, bis right eye was blackened, his left eye had a puff under it, occasioned by the effect of a severe blow. His foreheed exhibited several marks of blows, as well as his cheeks, and blood was flowing profusely from his mouth. One of his teeth was also knocked out. Prior to the attack several of the witnesses stated that a great deal of angry lan guage was used upon both sides, and the plaintiff made use of the expression, " I send you to Coventry." It appeared that both of the parties were going to gether to the Bankruptcy Court. The plaintiff carried on business as a diamond merchant. and the defendant was assignee to the son-in-law of the plaintiff. Mr. MARTIN, in his address to the jury, complained that no evidence respecting the origin of the transaction had been brought forward on the part of the plaintiff. If such had been done, the jury would have had be fore them the fact of very great provocation on the Dart of the defendant, and that the assault committed by the plaintiff—what he did not for a moment mean to deny— was committed under the excitement of very great pro vocation. The LORD CHIEF BARON, in summing up to the jury, said that the present action was brought to recover com pensation in damages for an assault upon the plaintiff. The first plea was, that the assault was not committed by the defendant ; arid, secondly. that the defendant was only defending himself from the assault of the plain• tiff. Upon both of these issues it would be their duty to find a verdict for the plaintiff. From the evidence which they had heard, it appeared that the first blow was struck by the defendant. The language of the parties appears to have been very strong ; expressions were made use of which, no doubt, were very offensive. It was much to be regretted that persons iu the situation so offensive as that app of the parties should have reco e r a i r r s se to to h t a h v e e b u e s e e n o w f lan guagewhich d d of, proceed ari and more, stillwas used fondantuptehnatthetheoccdao to the brutalising and deg n com blows upon the plaintiff by his lists et was a practice radingractice of inflicting always to be reprobated. Unde r a verdict for of the case, it would be for the jury to find a ll the circumstances the plaintiff. It would be for them to say, in the ex.. ercise of their duty, what amount of dama g es the plain tiff was entitled to receive at the hands of the defendant. It appeared that the injuries which the plaintiff received were, at th e moment, very severe; the plaintiff seemed to have suffered very considerably f ro m the attempt made upon him by the defendant. From the evidence of his medical adviser, it appeared that he received a blow upon his right eye, and also one upon his left eye; he suffered considerably from another severe blow on his cheek, and his mouth was much injured, and a large quantity of blood flowed therefro m ; h e f urt h er s t a ted that, - in consequence of the effects of the blow. a tomb obliged to be extracted, the plaintiff was removed very much agitated, and some relief was afforded to him in the Lord Mayor's Court by the application of cold water and other restoratives. Upon his arrival home it appeared that he sent for his medical adviser, and although no bones appear to have been broken, yet there was no doubt that the injuries were very considerable. With reference to the arguments of the Learned Counsel for the defendant, that the plain tiff ought to have given evidence of the circumstances which gave rise to the hostile collision. In his opinion the case would have assumed a far more serious aspect if such a course had been adopted, and if it had been shown that there was anything like malice or ill-feeling rankling in the breast of the defendant towards the plaintiff. The only question, then, for the jury to decide, would be the amount of damages to which the plaintiff was entitled. The jury immediately returned a verdict for the plain tiff—Damages, 301. BROUGIITON V. EASTERN COUNTIES RAILWAY. Mr. Knowles and Mr. Warren appeared for the plain tiff, and Mr. Martin and Mr. James for the defendant. The plaintiff was a clerk in the above-named com pany. In the beginning of the present year he was dis charged by the defendant, at a month's notice. The present action was brought to recover a larger amount of salary than that for one month, he being entitled to receive a larger amount of notice than one month, in consequence of the engagement made with him having been an annual one. On the part of the defendant it was contended, that one month's notice was ample and sufficient, and a sum of 91. 17s. 3d. was accordingly paid into court; that the general custom of railway companies was to give one month's notice to the persons employed by them; and further, that a resolution had been passed by the di rectors of the company, to the effect that all the persons in the employ of the Eastern Counties Company were to consider cue month's notice as suffi cient. This resolution was passeJ in the year 1841, but no proof was given that such a resolution was known to exist by the employers of the company. The LORD CHIEF BARON, in manning up, told the jury that, in his opi n i on , flee had not been suffic 'e ie e nll i y d t en e c s e tab o l f ish a e thought that the exi s t ence o f t h e reso lution re gde;nearanldeuhs•e• ferred to in the course of the proceeding was ertainly e eeit:enee to set against the existence of general and well-known custom of that kind prevailing among the servants of the company. Under these eir• cumstatices it would be for the jury to find their verdict for the plaintiff, for the surn;of 6/. 13s. 4d., exclusive of that paid into Court, that being the amount claimed by the plaintiff. JONATHAN IN HIS GLORY. The Baltimore Sun contains some correspondence re lative to the late battle of Monterey, portions of which seem to have been expressly written for quotation in our periodical. As for instance—the writer is speaking of the " Texan Rangers ": " They were each armed with barrelled rifles, and, as may be supposed, did great execution among the cop per-skins." Copper-skins! Quite a sporting phrase. Who would think the skins were those of human beings? He then relates the following " incidents"— "Colonel M'Cluny, of Mississippi, the great duellist, got upon the breastworks, waved his hat, and was in the act of giving three cheers, when a ball struck him, from the effects of which he has since died." Universally regretted, of course, as the " great duellist," an honour to his country. " Samuel W. Chambers, one of the rangers, or the Delaware hero,' as they call him, deliberately took aim with his fire-shooter, firing with great effect, and crushing the Mexicans." " But it is impossible for me to mention all the nume rous incidents that occurred at the present time." Let us correct what must have been an erratum in the preceding paragraph. For " numerous" read " murder• ous:" such is the right designation of the whole affair; and even Jonathan himself must admit " that's a fact." —Punch. EXTRAORDINARY SPEED ! —The Princess Victoria has just made a beautiful passage from Antwerp in the almost incredible short space of nineteen hours, that is one hour less time than the Antwerpen completed its last voyage in, which we noticed in our paper of the 4th ult. Captain Jackson, who has been commanding the Ant werpen, is now in command of the above vessel for the winter ; he had as passengers Captain Parkinson and family, J. B. Lawrells, Esq., from India, Colonel Wil liamson, &c. The gentlemanly behaviour and great at tention the passengers receive from Captain Jackson cannot be too highly appreciated. KINDNESS TO ANIMALS.— It has been proposed by a benevolent individual—the same, we believe, who held the umbrella over the duck in a shower of rain—to pro vide the horse of the Duke of Wellington's statue with a nose-ba g . The poor dumb creatu re w ill never wan t for victuals, as there is generally a crowd of people be low who keep up a constant supply of chaff.—Punch. ACCIDENT AT COVENT. GARDEN THEATRE.—ShortIy before one o'clock this afternoon, Michael Kane, one of the workmen engaged in the alt e r a ti ons a t Covent-gar den Theatre, was found by some of his fellow-workmen lying in the upper boxes in a state of insensibility. with a heavy bea m lyi ng across hi s b ody. He was imme diately released from this position, and carried to the King's College Hospital, where it was found that his back was severely injured (supposed to be broken), his head cut open, his collar-bone fractured, and his hand frightfully mutilated. When he recovered his sensibi lity he complained of pain in the back. It is supposed that while he was at work in the lower gallery he step ped on a plank or beam which was loose at one end, and fell with it to the upper boxes, where he was found. One of the workmen, who was at work in the pit, saw the plank fall, but did not see Kane, and was not aware of the accident till after he was found. WARNER WANTED.--Poor Mr. Warner was to have received a large sum had his long range succeeded, but this appears to have been quite out of the range of all probability. He had long hoped for the oyster, but he has now nothing left him but the shell.—Punch. ATTEMPTED SALE OF TlTRES. — Yesterday, Mr. Farebrother put up, for sale by auction, at Garraway's, the freehold rent charge, amounting to 5481., in lieu of a part of 'the lay impropriate tithes of the parish of Blaekawton, near to Dartmouth, Devonshire, issuing out of, and chargeable on three thousand three hundred and forty-three acres of productive land. The outgoings amounted to 311. 18s., and the poor and highway rates amounted, upon an average, to 3s. in the pound. The sum of 9,9101. was the highest offered, which was stated to be below the reserved price. BURGLARY.—Yesterday the police received infor mation that the dwelling-house of Mrs. Whiteman, No. 9, Clarence-row, Camden -town, had been entered. The burglars, after plentifully regaling themselves with the contents of the larder, carried off a quantity of plate and a variety of other articles, altogether valued at 4001. AN APOLOGY.—The Austrian Government calls the act of taking Cracow an " incorporation." For the future, thieves should say when they are taken up for stealing a pocket-handkerchief, " Why, my Lord, I merely incorporated it."—Punch. DARING ROBBERY AT TEE Cusrost-HousE.----The searching and landing waiters, on reaching the office set apart for their general accommodation, before proceed ing to their stations in the morning, usually change their top coats for others of a less valuable description, the nature of their duties being such, in many instances, as would render good clothes useless in one day. At the present time, in consequence of the great influx of vessels, fruit laden, the pressure upon the out-door de partment is such that the office before referred to is not visited again by any of the landing officers until the hour of departure in the afternoon. One day last week some person or persons took advantage of the unprotected state of the office to enter it, and, having picked the lucks of the clothes cupboard appropriated to the use of Messrs. Heath and Bernard, stripped them of their con tents. The thieves are supposed to have been disturbed in their operations, as other locks had been tried but re sisted their efforts. Mr. Ex-Sheriff Laurie has issued an address to the electors of the borough of Pontefract, offering biaLelf as a candidate at the next general election, in the room of Lord Pollington, who has announced his intention to withdraw from Parliament. The Marquis and Marchioness of Lansdowne are entertaining a select circle of friends at Bowood Park, Wilts. The Earl and Countess of Shelburne, when the last letters were received, were still at Rome, and, ac cording to their intentions, do not contemplate to return to this country before March. Viscount and Viscountess Palmerston leave town early in the next week for Broadlands, Hants, and will receive a succession of visitors there during the ap proaching festive season. - The Earl and Countess Grey are expected to return to town to-morrow afternoon from Osborne House, Isle of Wight. The Noble Earl will entertain his colleagues at dinner on Wednesday, the 16th inst. THE LATE RAILWAY MEETING.—WINDSOR, WED NESDAY.—Mr. J. L Bedborough, the mayor, who pre sided at the public meeting at the Town-hall on Mon day, having declined to put to a show of hands the peti tion to Parliament in favour of the Windsor Railway, to connect that town and Eton with the Great Western Railway at Slough, in consequence, as the chairman stated, of the great majority of persons composing the meeting not being, according to the terms of the requi sition, inhabitants of " the neighbourhood," the mayor determined, in order to ascertain the feelings of those who reside in the vicinity of Windsor on the subject, that they should have a fair opportunity of giving ex pression to them. He therefore convened a meeting of the inhabitants of the neighbourhood for the purpose of signing a declaration against the petition to Parliament moved and seconded at the late meeting, and during the two hours the hall was open, both to-day and yesterday, 100 signatures were affixed to the paper against the petition and four in its favour. Several of the clergy and inhabitants of Eton affixed their signatures to-day against the petition in favour of the Great Western Railway. FORTUNATE ESCAEE.—Yesterday afternoon Mrs. Dixon, the lady of Mr. Dixon, proprietor of the h orse bazaar, Barbican, had completed some purchases at Waterloo House, Charing-cross, and had just resumed her seat in her pbteton, when the horse took head, and set off at a furious rate before the driver had mounted the box. Fortunately the phaeton came in collision with a coal-waggon, opposite Northumberland House, by which the body of the former was detached from the shafts. The horse, thus liberated, continued its onward pace with the shafts dangling at its heels, until it reached St. Clement's Church, where it was stopped, without its injuring either itself or any person. Mrs. Dixon had the presence of mind to keep her seat. , SUDDEN DEATff OF AN AGED OzoTc.m.—Yegte e.y. Mr. -- o.rter held an inquest at t:, on ' .—f • • Vi j?'r-t!"! ..e service of the late hiliperor 4..biLo been a major in the Prussian army, and had likewise been constituted Major de Place in Brussels, to receive the hundreds of troops from the battle of Waterloo, in which battle he had also taken a prominent part. The circumstances connected with.his death were these:—On the night of Saturday last, about ten minutes before twelve o'clock, a noise was heard in the deceased's bedroom, and when a young female, named Emmeline Johnson, went to close the kitchen shutters for the night, she looked through the windows of the deceased's bedroom, and there saw the unfortu nate gentleman lying on the rug before the fire. Havin g called for assistance, the female and other parties en tered the room, when they found deceased apparently in an insensible state. .Without loss of time Mr. Berrel, a surgeon, was called in, but not in time to be of any as sistance. Mr. Peter Berrel said that he had prepared medicines for deceased during his lifetime, which had been prescribed for him by his own physician, and be (the deceased) had told him that his disorders were a complaint of the stomach and affection of the heart. He had not died from apoplexy, but it was certainly a na tural death. Verdict, " Natural death." MARKET HARBOROUGH GREAT HORSE AND CATTLE FALL—This great horse and stock atr commenced on Wednesday, and there was a good attendarce of gentle men and horse-breeders. Young and well-bred carriage colts sold well. Horses adapted to double harness fetched fiom 26 to 30 guineas each; hunters of good pedigree sold at prices of 40 to 50 and 60 guineas; and well-seasoned horses, adapted for hunting heavy coun ties, realised from 70 to 80 guineas; several pairs of well-matched carriage horses, either bays or greys, fetched 90 to 100 guineas ; good cover hacks fetched from 20 to 24 guineas each. In the bullock field, fat cattle sold off quickly at remunerating prices to the stock dealers. L ATER FROM RIO DE JANEIRO.--The Kate, arrived in the English Channel, has brought zdvices from Rio to the 13th of October. There is no political intelli gence by this arrival. Freights I to England 505., and the rate of exchange 28. A French ship had been lost on the coast. DUTCH POTATOES.—The latest returns of arrivals from the continent show the importation of nearly 300 tons weight of potatoes in one day. Of these, 100 tons were form France, 112 tons from Normandy, and a cargo comprising 80 tons from Flushing, the production of Holland. SALISBURY AND BASINGSTOKE.—Mr. Lock, the engineer to the company, 'amined this line yesterday, to enable him to male a report to the directors whether it is in fit state to open. BERKELEY v. EAMONSON. TO THE EDITOR OF THE SUN San,—The consideration to be paid the plaintiff in the above cause was not 150/., as reported by you this day, under the head of Barclay v. Emerson, which should read as above, on Frederick Hewitt Berkeley v. James Eamonson, but 3001., one hundred and fifty of which was paid in cash before any tuition to the defendant's son, and a promissory note for 150/. at the same time; also a further sum in cash of 101. to purchase for the youth the boards, brushes, &c., which, with the pictures, were to be the defendant's property, but which the plaintiff re tains, and for which an action is now pending, as also a further action for the return of the outlay, &c. A. further inducement for this arrangement besides the two fictitious gold medals alluded to in your report, was the statement that the pretended new style of oil land scape painting had never been taught before to any person to teach again, when, by the evidence of Mr. Preston, it appeared he had been induced by a similar advertisement in the Newcastle Courant, on the faith of the medals being gold, and having been awarded as stated, to pay in cash 300/., and remove with his family to Norwich, when he found, like the defendant's son, there were no pupils to succeed to, nor any new style to be taught, &c. By making this correction as early as possible, you will oblige, Sir, yours, &c., J. EAMONSON. Prospect -place, Hampstead, Dec. 9. P.S. I perceive you have omitted that the defendant pleaded not obtained by fraud and covin, and for which the jury found a verdict. ROYAL AGRICULTURAL SOCIETY OF ENGLAND. The first of two lectures intended to convey an ele mentary demonstration of the substances which enter into the composition of plants and soils, was delivered. last. evening before the members of this society, at the theatre of the Polytechnic Institution, by Dr. John Ryan, Professor of Chemistry in that establishment. The lecture was of a strictly el, mentary nature, being confined to an explanation elucidated by a numher of in teresting experiments of the chemical properties of the four elementary bodies which enter into the organic structure of plant7—namely, ox anti nitrng( t eltemi.st hydrog thraP car bo that nitrogen, whicti wes ... a nega tive body in nature, of use only in diluting the oxygen of the atmosphere, combines with oxygen under the action of electricity , , and more especially during thunder-storms, in the form of nitric acid, and thus de scends as a manure to the soil, in nitrate of potash, ni trate of soda, and nitrate of lime. This is probably one rcason why vegetation should be most exuberant in countries where thunder-storms are of most frequent occurrence, had why, even in our own climate, plants present a luxurious appearance after violent thunder. Nitrogen also combines with hydrogen to form ammonia, that invaluable pri!lciple in manure; and it is said that during thunder-storms this combination takes place in the atmosphere, and that nitrate of ammonia, a most fertilising salt, descends at such times to the earth. The lecturer concluded by going through the process of testing the presence of ammonia in guano or other ma nures, by the use of muriatic acid and caustic potash. By adding a little of the potash or of caustic lime to the guano, the ammonia is disengaged, and on applying muriatic acid to the mouth of the retort, becomes at once visible in a thick vapour. At the conclusion of the lecture, a vote of thanks was voted to Dr. Ryan, and was presented to him by his Grace the Duke of Richmond, as president of the society. 'guided Mr. George Robins's Marine Villa, at Brighton, is at length completed. It has been furnished by Mr. Martin, the great Brighton upholsterer, in a style that places i far beyond any rival candidate. Itis just let, for a period of six months, to a gentleman of consideration, who will have the benefit of its first occupation. The Lypiatt estate, near Stroud, with its castel lated mansion, ancient chapel, beautiful domain of 230 acres, woods, and valuable, manorial rights, which was offered to public sale by Mr. Robins in the summer, has just been disposed of to J. E. Dorington, Esq., of the House of Commons. Few estates possess more natural beauties or greater historical interest. It was at Lypiatt Park, the seat of Sir J. Throckmorton, it is recorded the gunpowder plot was projected; indeed, the chamber where the meetings were held is still preserved, and during the wars of the Parliament the mansion sustained a siege, and was nearly destroyed. The property is considered one of the most attractive in Gloucestershire, and its position and natural charms render it a peculiarly important and delightful estate for a residence. The Observer of last Sunday contained four co lumns of a review of Sir Edward Bulwer Lytton's new work, entitled "Lucretia." LATEST NEWS FROM NEW ZEALAND.—The fol lowing intelligence has been brought by the West India wail:—" The latest date from Wellington, via Panama, is the 4th August. The Ralph Bernal arrived at Wel lington on the 15th July, and will load for London after discharging her cargo at Auckland. The oil fisheries were very prosperous, and it was fully expected they would prove sufficient to load three ships for London. The Governor was, with all the disposable troops, attack ing the insurgent troops in the neighbourhood, and no doubt was entertained of a successful issue." The Conde de Montemolin left London on Tuesday morning, at ten o'clock, and proceeded by railway to Cambridge, whither he has been invited by the Rev. the Master of Trinity College. Accounts from Milan announce the death of Charles Count von Geisruch, Cardinal Archbishop of Milan, who expired at the close of last month, in that city, aged seventy-three years. SERIOUS ILLNESS OF PRINCE METTERNICH.— The Coioyne Gazette, of December 7, states, on the authority of a correspondent " from the Danube," that the above distinguished statesman is dangerously ill, and that he has been confined (luting several days to his bed. It appears that he is suffering under a species of fever hich allows him no rest. The Gazette adds that Count Munch-Bellinghausen, the President of the Germanic Diet, is with the Prince night and day. SMITHFIELD CLUB CATTLE SHOW.—This exhibi tion was opened to the public at an early hour yesterday morning, and if the number of visitors who passed through the gates during the day may be considered any criterion, it appears to have lost none of its popularity. The Duke of Richmond, president of the club, arrived at the bazaar about ten o'clock, and. together with se veral of the stewards who were in attendance, went round the yard, minutely exam i n i ng t h e various classes. General Wemyss, who has the honour to officiate as farm steward to the Prince Consort, was also an early visitor. The demand for stock during the day was very dull, and few sales were effected. Towards evening, however, the trade brightened, and purchases were made more freely. REPRESENTATION OP MANCHESTER.—The Man chester Courier states that Lord Lincoln, in an interview with a deputation which waited on him on Saturday, con sented to stand as a candidate for the representation of that borough. FUNERAL OF TILE LATE MARCHIONESS (DOWAGER) OF WESTMINSTER.—The mortal remains of the late Marchioness (Dowager) of 'Westminster were interred in the family vault at Eccleston Church, near Eaton Hall, on Friday last. The Marquis of Westminster, the Earl of Wilton, Lord Rol ert Grosvenor, and her Lady ship's grandson, Earl Grosvenor, attended, with the lead ing tenants of the Eaton estate. The Rev. Mr. Massie read the funeral service. THE RECENT FIRE AT GRAVESEND.-Up to yester (lay volumes of smoke issued from the ruins of the late fire at Gravesend, and, singular as it may appear, bodies of flame burst forth occasionally as the labourers con tinue to sift the rubbish, with the view of obtaining salvage. Notwithstanding the amount of insurance effected reached 30,000 L, the whole of the claims have been satisfactorily adjusted, and consequently the work of clearance preparatory to the re-erection of the new ' fillings for the open;' g of the West-street has con siderably progressed. Consi4erabia.4;egge l t-- $ 4 r)Piiikr" tolhr,„~vr • ailling the whole of th e erect i ons e made a sufficient distance back to make the pro possed street an ornament to the town, and of increased value to the parties holding property there. It is, how ever, understood, from a meeting of the corporate au thorities, held yesterday, that it is decided to put back the whole line of houses full nine feet, so that they shall fall in continuity with the Talbot and Privateer Hotels. This will give twenty-four feet width to; he street, instead of fifteen, the previous width of West street. COSTA. CABRAL.—M. de Costa Cabral, ex-Minister of Portugal, arrived on the 3d at Bayonne. The ex political Chief Ugarto has also arrived in that town.-- Galignani. REFUSAL TO READ THE BURIAL SERVICE.—On Tuesday, one of the officiating clergymen of St. Giles's Church, in this town, on being applied to to read the burial service over the remains of the late Mr. R. Head dey, whose death we record this week in our obituary, declined doing so on the ground that the deceased had never been admitted into the visible church by the solemn rite of baptism.—Ca mbridge snANN Advertiser. . THE STEAM-PACKET. PLYM OUTH , o, DEC. 7.—The Shannon steam-packet remains as last reported. To-day she is to be furth e r lightened, prepa ratory to making another effort to bring her alongside the wharf at Catdown. He passengers for Falmouth and Dublin, to the number of about one hundred, proceed for those ports this afternoon by the Duke of Cornwall. THE QUEENHITHE PENNY CLOTHING SOCIETY . ..— Yesterday, a committee of ladies attended trom this society, at the workhouse in Thames-street, opposite St. Michael's Church, Queenhithe, to distribute the clothing and bonuses of nine per cent. to the 1,100 holders of tickets. There are three classes—those who subscribed Id., 2d., and 3d. a week, the latter being the largest amount received by the society, which, together with the bonus, is annually returned at this season in the shape of warm clothing, blankets, &c., the object of the society being to induce the humbler classes to provide for the contingencies of winter. NOTICE.—If the Wellington Statue, which was left on the top of the triumphal arch in Piccadilly, about two months ago, is not taken away by the 21st of this month, it will be sold to defray the expenses.—Punch. SALE OF THE BOROUGH HAYMARRET.—YeSter day a sale took place of the the Borough Haymarket sheds, stabling, dwelling-houses, and other appurte nances, by thessrs. Bailey and Son. The market con tail's an acre or open space of about 30,000 feet, forming th& Newington • CauSeway. It was sold for 900/. by private contract. The estate is held under the Mayor, Commonalty, and citizens of London, 61 years of which were unexpired. - i 54 114 (1/° ea ... ~ i4t -;ii i i 1% p 4 154 / / 6 / ,