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

-- - MARKET NE «'S.--(THIS DAY.) This was an action brought by the plaintiff, Montague aAy wiravocaTs. 1 Levi sun , ik diamond merchant, to recover compensation 315 3 Hav, 21 8s to 4/ ; Clover ditto, in dam ages f or a v i o l ent assault committed by the defen to 51 *Vera e ; and Stra w , 11 lb ; to 1/ 13s per l oa d . A f u ll dant, Mr. Zadoc Aaron Jessell, also a diamond merchant, c g supply and a sluggish demand. ditto I:Mtolerabbetween two and t h ree o ' c l oc k i n th e a ft ernoon , upon E s u s eaND.—Meadow Hay, 2/ 10s to 4/ 2s; Clover, the 23d of April last. Se ~ply to 4/ good, an and tr d Straw, 1/ lOs to 1/ 14s per load. It appeared from the evidence of the various wit nesses lyade firm. who were called, and the op en i ng s t a t emen t s o f t h e dit, IRTEciutrzL.-111eadow Hay, 21 5s to 47; Clover 130t11)' 3 1 5s to 51 35; and Straw, I/ lOs to 1/ 13s per load. L earne d C ounse l , t h at t h e assau l t compla i ned of was Hay and Straw moved off slowly, at late rates. committed in the immediate neighbourhood of the 3 04 AM, DEC. 9E.Lord Mayor's Court. The defendant was a young 11 1 x •±B T ee lYl f, from AR t E I T Or S I t . o 4s 4d ; Mutton, and active man, as compared with the plaintiff, per Blbst 5s 4d; Veal, 4s to 4s 8d; and Pork, 4s to 4s 4d and he was seen to inflict several very severe Art blows in rapid successi o n u p on var i ous parts pric eg ET -1 DEC. B.—We had a slow trade to-day, and of the plaintiff's person, but more especially directed to not supported. Beef, from 3s to 4s 2d ; Mutton, towards the head and face. The plaintiff was not seen per Ibs. 5 3 2d; V ea l, 4 s to 4a Gd; and Pork, 4s to 4s 4d by any of the witnesses to strike the defendant CuteßEsr , en D EC.—There was a fair sale fu upon any wasccasion: At the conclu s i on o f t h e at -8 t 3 r and Sheep, ot h erw i se the trade was dull. Beef, from the best, tack the plaintiff carried away a fainting state, to 4s'Gd a „ into the . passage of . the Lord Mayor's Court, where he 4s 2d; Mutton, 33 10,1 to 5s 4d ; Veal, 3s 10d Cale; and Pork, 4s to 4s 6d per Sibs. Suckling was seized with violent hysterics, his right eye . was 8 ,, e3 9 1 8s to 283 • quarter-old St9re Pigs 16s to 19s each. blackened, his left eye had a puff under it, occasioned so„d'aUTHALL,D'ZC9. 9.—We had . a large ;aii,plvi,f stock on sale by the effect of a severe blow. His foreheed exhibited dro p Generally speaking, the demand was heavy, at several marks of blows, as well as his cheeks, and blood a, 8,1, to prices. "ut Beet; from 2s 8d to 4s 2d ; Mutton, was flowing profusely f rom hi s mout h. O ne o f hi s 8 16 s, 5 A ; Veal, 4s to 4s 6d ; and Pork, 4s to 4s 8d per teeth was also knocked out. Prior to the attack several R O 3,lP e of the witnesses stated that a great deal of angry !mi ttens, 71 n, DEC. 9.—There was a fair sale for the primest guage was used upon both sides, arid the plaintiff made s littl e ~ ,,a s t k l l Prices. In other kinds of stock exceediegly use of the expression, " I send 3on to Coventry." " Pja doing. Beef, from 2s Id to 4s 2d; Mutton, 44 r d to 5s 2d; Veal, 3s Gd to 4s 6d; and Pork, 4s to It appeared that both of the parties were going to- Per B ls. Skling Calves 18s to 30s ; and (14'Irter-old stor b e Pigs, uc 16s to 20s each. gt ther to the Bankruptcy Court. The plaintiff carried on business as a diamond-merchant. and the defendant Th ese "IWGII.TE AND LEADENBALL. was assignee to the s u n-in-law of the plaintiff. ashic, m arkets were w e ll su ppli e d w i t h eac h ki n d o f meat Mr. MARTIN, in his address to the jury, complained to 3 ;!0 . 1d slowly on the following terms :—Beef, from 2s Gd that no evidence respecting the origin of the transaction 111 1( 1 ; Mutton, 3s 6d to 4s 6d; Veal, 3s Ed to 4s 8d; had been brought forward on the part of the plaintiff. urz, 38 6d tk. 4s 8d per 815 s. by the carcase. If such had been done, the jury would have had be fore them the fact of very great provocation on the part 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 upou the plaintiff. The first plea was, that the assault was not committed by the defendant ; and, 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 in the situation of the parties should have recourse to the use of lan guage so offensive as that appears to have been which was used upon the occasion complained of, and still more, that the d, fendant should proceed to the brutalising and degrading practice of inflicting blows upon the plaintiff by his fists. It was a practice always to be reprobated. Under all the circumstances of the case, it would be for the jury to find a verdict for the plaintiff. It would be for them to say, in the ex ercise of their duty, what amount of damages the plain tiff was entitled to receive at the hands of the defendant. It appeared that the injuries which the plaintiff received were, at the moment, very severe; the plaintiff seemed to have suffered very considerably from 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 therefrom ; he further stated that, in consequence of the effects of the blow. a tooth was 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-fivling 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. iff—Dam ages, 30/. MIDDLESEX SESSIONS (THIS DAY.) Richard Brugge was indicted for a riot and assault on the 17th of November last, under the following circum stances : The defendant was the proprietor of a beer-shop, called the Prince of Wales, in Hyde-place, Iloxton, 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 ejectment, 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 knocked down. The mob was supplied with several gallons of beer by the defendant, who cheered them on. Mr. O'Brien addressed the jury for the defendant. The jury at once returned avetdiet of Guilty, and The ASSISTANT JUDGE said they could not allow this country to be made subject so a species of lynch law, like that attempted by the defendant, and he should, therefore, order him to pay a fine of 101. to the Queen, and to enter into his own recognizances in the sum of 401., and to find one surety in 201. to keep the peace for the next twelve months. Thomas Wakeford was indicted for assaulting James Brown, one of the toll-takers in the employment of the trustees of the Commercial-road turnpikes. The facts of this case have been so recently reported in The Sun, and the general feeling of the inhabitants in the neighbourhood of the Commercial-road on the subject of some of the tolls demanded along 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. /I t e I VY COUNCIL—(THIS DAY., ki„. j udicial Co mm i t t ee o f t h e P r i vy C ounc il sa , 1 ,47: 11 t o -a 0 , 4 3 7 to hear the f ur th er argumen t s on th e r u appcal lli from the Chancery of f t 0 , , -..EEN s PROCTOR V. THE SoLICITOR York—o OF THE kr. j DUCHY OF LANCASTER. klpo na 431 E 8 PARKER opened th e case on behalf of the me:" - ` e llt, and occup i e d t h e i r L or d s hi ps th e w h o l e ine. The prisoner having pleaded Guilty, Mr. WYLDE, who appeared for the prosecution, said, as the prisoner had 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. 11, C HANGER Y —(TH IS DAY.) VaT e 4 1 , I'd Chancellor did not sit in his Court in the . beiop-sue, Lincoln's Inn to-day in consequence of their ihip'''. °4l 3' One appeal set down for hearing. His Lord bi,Pc„te to- morrow, and on Saturday the . case of Mr. ' °olabre is appointed for hearing specially. Vlre e . -`l-E,- CHANCERY.—(THIS DAY.) ( 1 3ei g is ore the VICE-CHANCELLOR of ENGLAND.) heard elitis ts t li n . ,neur the Vice-Chancellor of Eng an %tee b ° i 'ultY, but nothing calling for a particular report ' O re his Honour during the morning. QUlte x , ( ~;,'A'S BENCH.—(THIS DAY.) Vltt -13-.° N Mr. Justice ERLE and a Special Jury.) 14T BIRMINGHAM, OXFORD, AND BRIGHTON teelol4le. ATMOSPHERIC RAILWAY. the reeler " OD ANOTHER V. BLUNT AND OTHERS. ✓ ~ ick Thesiger, Mr. Montague Chambers, and `deelE‘'....l.ettrned Gentlman for the plaintiffs ; Mr. 1 Thi s • 4 ,, Ned Mr. Peacock were for the defendants. of pt/. f." an action brought to recover the sum er t .getieet work, labour, and money expended by the Caletee.„ -3 ,under the following circumstances :—The ~,,-* on-; Ca der Stopford Thomas Jones, civil engineer, 'l• lti e - f ," °f the registered promoters of the above te "ed railway. a Mr. Thomas Nyas, solicitor of -eau, court, Was his coajutor. The plaintiffs, it ap qtee.."°°k offices in Moorgate-street, paid for a pre 1/414tret•joti8,,u!vey,and the other expenses incidental to the 4 1 7 erts ti„"u or a railway company. The defendant Mr. opn "'at, and the other defendants, Mr. Denesey er a "Ilher.Thompson, Mr. Benjamin Davis, and „,_"`e „„tuno members of the mauaging-com ektmelte-gte . agreed, on the 9 of October, t alti Ptaintiffs 2,0001., and to allow them the option the ue 2' h ad ?eSOO shares in the company for the expenses t o to ureed in pr omo ti ng t h e company. They i Ltkhi c e s ti le ', ePt thos e t erms , b ut h a d b een una bl e, up i li th ,to o b tain the fulfilment of the contract into , t., le tl i de n t/ ta t r eedants h a d entere d i nto w i t h t h em. Th e h o e eade, had placed several plans on the record, bat %Zed el obe alleged that the contract had been ob ieth-Matit-odt°ugh fraud, which Sir Frederick Thesiger fee" It 0 0 6 1 ,„, ite one of the most scandalous ever brought - "loin -` of justice. He then proceeeed to call the )41ThottgilaWitnesses in support of his case:— Itu lt , 4B th. j/I gee, examined by Mr. CHAMBERS—He said f te' ue - a un of Mr. J. Biggs, who died on the 26th o "001 k 'ber ki t „ 'Wick •,Ife was a practical engineer, and lived . at Ikrtil or Aug tie was engaged to make a survey in . the thLue erst was year, for the purpose of surveying I: lf ord,: a ... il ,Way from Birmingham,. through Henley, tiii7egtt i !lu so on to Brighton, by the plaint i ffs. . fordtloll.oftitn Pritchard, a clerk in the Railway Regis the *lied /1 7_, , Proved that the Direct Birmingham, Ox -11,0 * lied ot r'lghton Railway Companyregistered on ep t uote rt ‘'etober, 1845, and read was the description. The te i , Thotovvere Stopford Thomas Jones, C. E., Cornhil e l e ill N' f e ." Na'as, solicitors, Copthall-cnurt. Th 4.' 1 4 e;" or 5/. was paid. On the 12th of September ib,.eiter,il.4o received, requesting that the !""eoxmfogrd, to u te h the Direct Birmingham, Reading, , , A i i ket e l tun Atmospheric Railway Company. ' tea b ook also supplied. th e N I Or the RS handed to the Master, who read the y le 2tneet.. provisional committee, and the list of Plii 74 'tad - of the company. It was signed Thomas titiltilimi exaplained the object of the line, and that a N e e:3_4, urvey would be made. The capital WAS It ti ts . 0 7 be 2,000,000 L The London solicitors were 11 4 ° t lefe kt P a ßTk, Smith, and Co., Bedford- i,L w o e n r d e o i n i; kt.egister _n•t s name and the de fend antsott r e: l v reistrations took 'la or_.," PrOSpOCtuss. perames might be added. . 2 n„ , viler that additiees .io ma t p i . d upwards of 100 provt- Ilal co pro spectus ooritatue 44 nrnitteernen. 411i4 "'lles Coppock, solicitor, of S p e d by M r. M. Cetamees—lle said he was a so . 1- Cleveland-row, ca i t . - % th : l e rld -Parliamentary agent, and that he had acted in 'eat b - m e3 e capacities for the railway in question in July t o ; °E . t r. Ile knew Mr. Nyas and Captain Jones. The , 3 In Moorgate-street were extremely well fitted up. N x_ cot atnunicated with Solicitor in Birmingham and cake !-84>t13,11-.7l(eynseowf ttlatiittlhee. late Mr. Bi ggs w as e ngaged to itp to act for the comps i t 7 .to h lb, and he correed a few of them. He conti a:Je brought some of the sur wll- Ile e until September, when he la k mish a _a employed Mr. Wyld, the map engrav t er e , ii t 'eati s i ng m age P nt lor the company, and Mr. Barker, h , to advertise the company. He saw kg' 43 es fre 4, Prieee v quentiY, mei he might say Mr. Nyas was P ehetie e , o r 4 . lie received instructions about the k i t towoe.ns either from Mr. Jones or Mr. Nyas. tht c „, _ clerk either Birmingham and a solicitor at ,ktit,l4.,_wuere.to have been concerned with him, if he tiradeiii°ltte,th'it`tue n its service ; but he had a good deal to 1, 4t , t Ile eo , More than he could do, and he found itlettfied that not give it the time it required. He was 11, 4 4 1 red, 1. t ,, Mr. Nyas would discharge all liabilities t oo aid 4 4. ,, 4 , had not believed it a legitimate scheme tid;kete ut nave had anything to do with it, and he red 2 Pains to ascertain that it was so. He con %''os• '°°°/ at h ' • ke y -s- exa . t e time a very moderate sum. et,4rereon an by Mr. CoCKBURN—Had not received ih t tim ed elation for his trouble ; in fact he had not Ae l prep at : t uY, as he did not continue in the service of tli d d be 4 3 ;.:- lie could not say whether 2,500 shares t 1 „,,,,:tr Fompenhation, because everything Gh ee tet te 'Ll their value in the market. He should not i " 4 sha res nor have got up a company for . the 1 ,! 1 10; ° f obt • • 4 % -41 fe for aintne shares. He should not have given toox4oli the shares. I tee, lt ed t o /I° l l by havef. CHAMB E RS Mr. Biggs th. Y "In' to taken pains in making the /14 44, 11 02 en t ba e of - 8441 he b th e 1. became one of the provisional copa tl44,lh, to nee at the latter end of August, at which t -94 e inee meat had offices in Moor ate-street. He ite - ,he iar :.t that time that Mr. Jones and Mr. Nyas itetvieteet;- and of the railway, and that Mr. Blunt, ha10;441% t0 ; ivtld Mr. T hompson, members of the eolpl7. The offices had been obtained, clerks titTM the ex tind a survey had been made by Mr. 4 ontioetey wereekeerneces were defrayed by l th m e ati p a a g i e n d kill ed to e ti teyi ng li the day, and general o tto righton and i he 9th of October. y . They tra cll ?,i A me tiu other places in the service of the t 0 ? 0041,01.41UnteoenfitZ held on the 9th ttla O t c o to c b c e a r s , io a n t tl:43,lting conesirrattred t t h li tt e t e l h s ai O r ta., n with the option St 'll:vouuld be suffici e "'llbers of shares in the corn i., nt, lai ntiffs er :„ ~t c ompensation for the labour ; . • t„. 5.."1 th A . -"seered that they were entitled to Ra e egea e ' ' - ' 3 ultnitt to pay 2 0001. with ) , t eti to o, t a k in ,ee agreed % tt l 11 1 , t hat Off er , g 2,00 0 shares, and the plaintiffs Op t ., ootnn a „.. %and to relinguish their connexion ' 1 4 4 '1 had': "! after that date. The shares of the Nll4 °Etabi:e'n Issued • It existed, and was likely to the% 4 0! r e°hlPany ilk .},,, p ),a,,, i ,, ed b exacti y . they t o e s,. If th Y Me. CO CKBURN—Had not paid up th e " a li kr e T mn PanY were well managed, it was ae .. Diain„i ative u ndertaking. Was not aware i`1700;.! that t r i e had o little schemes on the ore f a ll aui c , a r t i l He had shares in a great nun bar 111 4 4 °,* th at vr a t ti Me; possibly in twenty or thirty. t, i / Illt Z‘e otb - - , - 1 •• Nyas had offices in the same house 1, 1 114 ~1 4 no , ?UV, With which he was connected. Mr. ,itit y q_ot I)s :,'N' at the meeting in question that they esty I to !lleh ft,, the plaintiff's demand, or they could not s lie l l terin,4.4 Shares he had taken up, nor the money Ze ll, 411410„, T he money he paid was his own. He tll m Pt e L l i it mast ° b e t w amount he had signed contract toktil, te l '''bt at something very considerable. He 4,441,041 d be meeting, in consequence of expecting I'Ztet)'„ p ith t. a pPlied to to be joint secretary to the ii,"4",r , es te Rayner. He was now glad he did tie ' te,, t tles 1, 1 ! eu mPany had been badly managed. . 1411114..etiatit:o,eglas Hamilton Hay examined by Sir ktbZ o gg eo m _!le said he became a member of the eZeddlle khe ltuttee on the Bth of October, on which t • 10 4 e t c4 !' of that committee were nominated. He eet t _teted l'ing on the following day, the 9th. Il e %I,l4tipeet generally the evidence of the last witn ess 1 ' 4 . 4. t et eo '9 the contract w ith th e p l a i nt i f f. The 1 11 4 4 4 14 oti e, at:l:tiered that the amount agreed upon was % 11 ,ehr the fir t h s Y had paid all expenses up to the d t k I: 4 to er prospectus, and which that sure was k f t tey t he e : 43 ' e r. He had not paid up the shares he Ith,to t , t °ll o4 ,, t NlllY, nor had he been called upon to eel i t Pee 3.. of the 2 ,0001. or the other expenses of 'S t _ tie h a d Most likely he should have been so called (-e?,3' le 7,..,_n0t been compelled to withdraw from the (The c._ut_sequence of indisposition. k -"" was proceeding when our report left.) lito e ti .... ktl4 thi n t"'QUER.—(THIS DAY.) 114se LEVYSON V. ZADOC AARON JESSELL. ikt4 f ir th e llir . S, e.rgeant Wilkins and Mr. Simon ap- Ueati%%A for th 1'441141ff e ;d e Mfr. Martin and an o th er endant. 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. SURREY SESSIONS.—(THIS DAY.) John Bart, aged 38, was indicted for stealing two pounds of beef at Epsom on the 29th of October, and sentenced to three months' imprisonment, with hard lahour, in-B,iAton gaol. 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 ex eellen; character for honesty, and The jury brought in a verdict of Not guilty. Benedict Robert 21ohun, aged 24, was indicted for stealing a sheep, the property of Mr. King, of Bromley, on the 11th: of November. The chief witness against the prisoner was one of the rural police, who going along the road near Bromley, saw the skin and entrails of a sheep lying near one of the fields in the occupation of the prosecutor. Mr. King immediately identified the skin, and accompanied the constable to ascertain what had been 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 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. The jury, without hesitation, returned a verdict ',of Guilty, and the prisoners were sentenced to ten years' transportation. John Wm 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 hack. He immediately endeavoured to take possession of it, when the prisoner struck him a violent blow on the head, which nearly stunned him. Ile, however, persevered, and with the assistance of one of his men, 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, the jury returned a verdict of Guilty, and the prisoner was sentenced to ten years transportation beyond the seas. COMMON PLEAS.-(THIS DAY.) PAPANICOLAS v. ABITDOL. This was an action brought by a gentleman of the name of Papanicolaa, to recover from the defendant, a sharebroker, 451., being the difference between a sum cf money lent by the latter on 200 Madrid and Valentia 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. Al ullins, of the firm of Bush and Mullins, of St. Mildred's-court, called at the defendant'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. Humphrey s fur the defence. Evidence having been called to prove these facts, Mr. HunirunErs 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 45/. GUILDHALL. —(THIS 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 confectioners in the City. The prisoner, on appearing before 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. 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 yesterday the prisoner feasted sumptuously at his house, upon mock turtle-soup and other minor refreshments, and was afterwards walking off without payment, saying he had no money, and must have credit for his cheer until some other day. This not being acceded to, he said boldly that the young woman who waited on him in the first instance had agreed to give him credit. But 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. Mr. Bailey, of the Sun Tavern, Ludgate-hill, the pro prietor of the Goose and Gridiron, in the same neigh bourhood, and Mr. Goodwin Cannon, 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. SHERIFFS' COURT.-(THIS DAY.) 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 regr e t th a t 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 an d hi s L earned Friend, Mr. Miller, who appeared for the plaintiff; had agreed to a verdict being taken fur 25/. Mr. MILLER briefly stated the . case, fro m w hi c h i t ap peared that the pla intiff was a female servant to the de fendant, who is an old lady, 80 years cf age. In January last she missed a Id note, and, suspecting the plaintiff, give her into custody, and she was locked up in th e station-house all night. In the morning, however, the defendant remembered what she had done with the note, and the plaintiff was of course discharged. She had been in most respectable families, and her character had been to a certain extent affected; be 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 for 25/. POWELL V. Tt3IT. The a plaintiff in captainff e in this action of a is was brought t o recover t h e sum o f 51., for painting por traits of the d e fe n d ant, h i s w if e, an d t w o children. merchantman. artist, an The h t e he action de fendantOn the part of the plaintiff witnesses were called, who deposed that the defendant had approved of the painting, and had paid los. on account, and said he would pay the other as soon as h e received a sum owirg to him ; be, however, subsequently refused 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 obj ects; the nose of one ap peared to be split, the boy's ear stuck out, andthwhich w re looked iva was a like the handle of a jug, and the on l y a rm and seen was like a stick stuck into the body, 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 deficien c i es, the de fendant was favoured with a couple of la rge , 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 far a cat, 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 wer e lik e b o th the father and the mother. —(Laughter.) Then there were copies of the pictures in the room after Vaadervelde, 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. MARLBRO'-STREET.----(THIS DAY.) William Ruddle, a respectably-dressed young m an , 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, on tm an the nd complainantB tho made fora the sit u u s a u ti a o l nas f in quiries, was referred for the prisoner's charac ter to George Foley, Lg., Trowbridge, Wiltshire, ter. On the e and complainant w w7 n te na b d y ay the fo i l i l e n x w t ie p g ost h t e or r h e c i s e v c e h d a r aacn d that he was a respectable se r vice three years, an and that complainant knew nothing to the contrary. F a n o a l w e ye,r andf rom s a t a p t ei stating g s o n thatre p r e r n . t n i n u g d, hi e m s h e a l d f t o beenbe G i e n o r h g i e a ;his service on Friday last. On took the young man into nt's absence, the prisoner the following day in complainant's honest and industrious youngln consequence man to wait at dinner. and complainant applied to com plainant's sister,wfrhoomlihveers,iantatthinegsathmae house, and b orrowe d half-a-crownt he wa n t e d th at to b uy s h oe s with This circum s t ance exc it e d su spicion, wrote to th e c l ergyman o f Trowbridge whasiehMr. he Foley. Complainant i to as received, certain from hi m w h et h er there was such ; person letter an Rev. Mr. H as ti ngs, the clergyman of the d i str i c t. It stated that no g ent l eman of rank and fortune, w ith th a t cein answer then to that, handed from in the a name, resided in the locality, but that there was a per son in a humble sphere of life, but of a most respectable younghc h e a h r a ae d t man e r, aal nl n e c a d a m el l e he d Foley, d him,llwhoiaanmd R u ascertainedd lived di e an respectable Trowbridge; th at h e knewpe r t s h o a na t , 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 cemplainant stated that the prisoner, during the time that he was in his service, borrowed from the cook all the money that she 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 had seen the prisoner in custody before, and begged he might be remanded till some constables from the different divisions could see him. The jury gave a verdict for 303,, in addition to the 10s. already paid. Mr. lIARDivIcK said the complainant had better bring THE SUN, LONDON, THURSDAY EVENING, DECEMBER 10, 1646 it)me witnesses from Trowbridge against this day week, and remanded the prisoner till that time. 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 periodi ca l. As for instance—the wr i ter 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 " incident,":— " Colonel M'Cluuy, 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 c ourse, as th e " grea t duellist," an honour to his country. " Samuel \V. Chambers, one of the rangers, or ' the Delaware h ero, ' as they call him, deliberately took aim with his tire-shooter,' firing with great effect, and crushing the .Mexicans." " .Bus it is i mposs ib le fcr me to mention all the nume rous incidents that occurred at the present time." 1,,t 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. KINDNES S TO AsitAtiszs.— It has been proposed by a benevolent individur4ihe same, we believe, who held the umbrella over the do; in a shower of rain—to pro vide the horse of the Duke of Wellington's Statue with a nose-bag. The poor dumb creature will never want 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 alterations at 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 beam lying across his body. 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 lie 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 hut the shell.—Punch. ATTEMPTED SALE OF TITHES. —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 31/. 18s., and the poor and highway rates amounted, upon an average, to as. in the pound. The sum of 9,960/. 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. themselves with g off a quantity t T h h e e c b o u n r t g e l n a t r i s , o a f f t e t r h p e l e l n a r t i d f e u r l , ly C r a e g r r a i l e i d n 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 THE CUSTOM-HOUSE.—The searching and landing waiters, on reaching the office set apart for their general accommodation, betbre 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 grea t i n fl ux o f 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 locks 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 himself 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 W e d nesday, the 16th inst. THE L ATE R AILWAY MEETING.—WINDSOR, WED NESDAY.--Mr. J. I . Bedborough, the mayor, who pre sided at the p u bli c meeting at the Town-hall on Mon day, having d ec li ned to put to a show of hands the peti tion to Parliam ent i n favour of the Windsor Railway, to connect that to wn 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 t o th em . H e therefore convened a meet i ng o f 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 ESCAPE.--Yesterday afternoon Mrs. Dixon, the lady of Mr. Dixon, proprietor of the horse bazaar, Barbican, had completed some purchases at Waterloo House, Charing-cross, and had Just resumed her seat in her phaeton, 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 DEATH OF AN AGED OFFICER.—Yester- day, Mr. William Carter held an inquest at the King's Arms, Carlisle-lane, Lambeth, on the body of Frederick William Fische Nosse, aged 77, lately residing at No. 1, Mount-gardens, Westminster-road. The deceased was formerly a colonel in the service of the late Emperor Alexander. He had also been a major in the Prussian army, and had likewise been constituted Major de Place in Brussels, to receive the hund re d s of troops from the battle of Waterloo, in which battle he had also taken a o n sm s h o e, n , al on w odk e e n dt theret h o r o c su l ag o w s h e tt hthheee w'in'dowst t k nn i i t ao c yr l. i . tn e u - n . prominent part. The circumstances connected with his death were these:—On the night of Saturday last, about tea minutes before twelve o'clock, a noise was heard in the deceased's bedroom, and when a Young female., parties eng ons shutters um the t etedrsE deceased'sfmo for the elin e b night, e j d o r h o pparently in die to be of an as nate gentleman lying on the rug before the fir v e. a called for assistance, the female and o h t e her ilad tered the room, when they found deceased, a Prepared an insensible state. Without loss of ti'.ne Mr. Berrel, a w A 'a i s r. called in, Be r but not aid in t r t medicines for deceased during hi.s lifetime, which had been prescribed for him by his own physician, and he (the deceased) had told him that his disorders were a sm surgeon,e a n complaint of the stomach and affection of the heart. Ile had not died from apoplexy, but it was certainly a na tural death. Verdict, " Natural death." MARKET HARBOROUGH GREAT HORSE AND CATTLE FAlR.—This great horse and stock fair commenced on Wednesday, and there was a good attendance of gentle men and horse-breederrses s. Y adapted to double harness fetched from 26 to :30 guineas each; hunters of good pedigree sold at prices of 40 to 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 b ays 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. LATER FROM RIO DE JANEIRO.—The Kate, arrived in the English Channel, has brought advices from Rio to the 13th of October. There is no political intelli gence by this arrival. Freights to England 505., and the rate of exchange 28. A French ship had been lost on the coast. BERKELEY v. EAMONSON. TO THE EDITOR OF THE SUN Sra,—The consideration to be paid the plaintiff in the above cause was not 1501., as reported by you this day, under the head of Barclay v. Emerson, which should read as above, on Frederick Hewitt Berkeley v, James Earnonson, 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 3001., and remove with his family to Norwich, when he fund, 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 ycu 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 ent( r 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 1)r. John Ryan, Professor of Chemistry in that establishment. The lecture was of a strictly elementary nature, being confined to an explanation elucidated by a number of in teresting experiments of the chemical properties of the four elementary bodies which enter into the organic structure of plants—namely, oxygen, hydrogen, carbon, and nitrogen. The facts described, though already known to all present who had the slightest knowledge of chemistry, were, however, put forward in so pleasing a manner, and the experiments by which they were illus trated were so successful and striking, as to draw forth repeated marks of applause. Among the more interest ing points mentioned, and one of the least known, is, that nitrogen, which was so long regarded as 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 reason why vegetation should be most exuberant in countries where thunder-storms are of most frequent occurrence, and why, even in our own climate, plants present a luxurious appearance after violent thunder. Nitrogen also combines with hydrogen to form ammonia, that invaluable principle 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 • Mr. George Robins's Marine Villa, at Brighton, is a t length completed. It has been furnished by Mr. Martin , the great Brighton upholsterer, in a style that places i far beyond any rival candidate. It:is 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 mail:--" The latest date from Wellington, via Panama, is the 4th August. The Ralph Bernal arrived et 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 Cologne 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 during several days to his bed. It appears that he is suffering under a species of fever which 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 examininc , the 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 OF 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 THE LATE MARCIIIONESS (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 Robert 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 day 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 amcunt of insurance effected reached 30,0001., the whole of the claims have been satisfactorily adjusted, and consequently the work of clearance preparatory to the re-erection of the new buildings for the opening of the West-street has con siderably progressed. Considerable difficulty, it appears has been experienced in obtaining an unanimons opinion as to the advisability of taking the whole of the erections to be 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 hue of houses full nine feet, so that they shall fall in continuity with the Talbot and Privateet Hotels. This will give twenty-four feet width to the strut, instead of fifteen, the previous width of West stmet. COSTA CABRAL.—M. de Costa Cabral, ex-Minister of Portugal, arrived on the 3d at Bayonne. The ex political Chief Ugarte has also arrived in that town.— Galignani. REFUSAL TO READ TEE 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.—Cambridge Advertiser. THE • SHANNON STEAM -PACKET. PLYMOUTH, DEc. 7.—The Shannon steam-packet remains as last reported. Today she is to be further 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. T HE QUEENIIITHE PENNY CLOTHING SOCIETY.— Yesterday, a committee of ladies attended from 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 =mot 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 HAYMARKET.—Yester day a sale took place of the the Borough Haymarket sheds, stabling, dwelling•houses, and other appurte nances, by Messrs. Bailey and Son. The market con tains an acre or open space of about 30,000 feet, forming the 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. DUTCIIPOTATOES.—The latest returns of arrivals from th e cont i nent s h ow t h e i mportat i on of nearly soo tons weight of potatoes in one day. Of these, 100 tons were form France, 112 tons from Normandy, and a cargo comprisi ng 80 t ons from Flushing, the production of Holland. WORCESTER WARWICK, AND RUGBY RAILWAY COMPANY. A meeting of this company, adjourned from Wednes day last, was held yesterday at the London Coffee-house, at twelve o'clock ; 11. G. Ward, Esq., M.P., in the chair. On taking the chair, Mr. WARD said that he assumed his old position, as this was an adjourned meeting; he believed it was not necessary to have a vote for that purpose. In doing so he should merely observe, that having been given to understand that all sorts of actions might be brought against him, do what he might, he had placed himself in the hands of his legal advisers, and under their advice he should refrain from everything but his simple duty as president of the meeting. He would only say that it was intended to altogether withdraw the 4,240 shares to which he had alluded. A SHAREHOLDER inquired where the scrip was now ? The CHAIRMAN replied that it was in safe keeping, but he should give no further information. At the last meeting he had stated that all the papers and documents of the company were open to a fair inspection of the shareholders. Mr. SPACEMAN, after giving the opinion of Sir F. Kelly and two other counsel, that it was illegal to use any scrip in voting which was not actually in possession of the holders, read a correspondence which had taken place between himself and one of the other scrutineers and the secretary and chairman of the company, the object of which was to obtain the numbers and holders of the scrip for the 4,240 shares alluded to. The result was, that under legal advice the directors refused to give the information required. The CHAIRMAN said, that whatever the responsibility might be rested with him and the other directors, and not with Mr. Hughes, the secretary. Mr. SPACEMAN resumed with saying, that if the votes now in the room were sufficient to authorise the disso lution and bankruptcy of the company, well, but if not, then he would advise the shareholders to object to suffer the 4,240 votes to be withdrawn. Whatever they did, let them do it legally. Mr. CLARKE, the third scrutineer, stated, as the reason for refusing to act with the other scrutineers, his belief that in demanding the numbers and names of the holders of the scrip they were exceeding their official power. He had written to Mr. Spackman, intimating this opinion, and suggesting that a committee of shareholders should be appointed to investigate th e circumstances, and examine the scrip as it was presented for voting. He could see but one way of escaping from the difficulty and avoiding litigation : that was, for every shareholder who had voted on the suspected scrip to come forward and say whether his scrip was good or bad. If this were done he believed that all difficulty would be obviated, and every one would be saved from being committed to an illegal action. It appeared now impossible to get out of this difficulty without such a course as he pointed out. If they refused, then he should maintain that every person who voted on the scrip presented by him should be held responsible for the 30s. a share which had been originally paid. A SHAREHOLDER inquired whether there was any power in the Act of Parliament to enable the directors to withdraw the shares in question ? The CHAIRMAN replied that there was no such power, and that occasioned the difficulty. An angry discussion ensued, in the course of which Mr CLARKE declared that he differed from Mr. Speck man and several other shareholders in their belief of the efficacy of bankruptcy. In his opinion the best plan was to pursue the directors at law and in equity. He had calculated the expenses in the Worcester, Warwick, and Rugby Company at 7s. a share, and if the plan he re commended were adopted, he believed that the whole of the balance could be obtained. The meeting decided upon proceeding to a scrutiny of the additional votes present. The CHAIRMAN said that he should never do anything behind their backs which he would not do in their pre sence ; and he had now therefore to remind them that at the last meeting he had stated that there was one debt against the company not entered in the balance . - sheet, against which he was endeavouring to defend the shareholders. Since then, seeing the spirit of the meet ing against the shareholders, and, acting under the highest advice, he had paid that debt, and he had now to intimate that, in the event of a resolution of dissolv ing in bankruptcy being come to, in virtue of the power which, as chairman, he held, he should give cheques be fore to-morrow morning for the settlement of every account now outstanding against the comp an y, so th at if they did go into the Court of Bankruptcy they would go without a single creditor to oppose them. Mr. ADAMSON—Then I tell you, sir, that you will have every sixpence to refund. While the meeting was in a very excited state the scrutineers resumed their duty, and on their return re ported that there were 8,975 votes recorded, 4,240 of which were put in by the directors, and the validity of which the scrutineers could not ascertain, and they therefore demanded the vouchers which should confirm their authenticity. The CHAIRMAN stated that such a report was not in accordance with the statute, and that con. sequently he could not receive it. He should there fore call upon the scrutineers to amend their report, and would give them a reasonable time for doing so. In the event, therefore, of the amended report not being made within one hour he should declare the meeting dissolved, and leave the responsibility of the consequences to those' who caused them. Mr. SPACEMAN said they would not keep the Chair man one hour or five minutes, for the scrutineers would make no other report, and he believed they were quite within the terms of Lord Dalhousie's Act. The CHAIRMAN said that since the last meeting he had taken the very highest legal advice, but he found that he had no power to interfere, and that in fact there were no means whatever of now withdrawing the 4,240 votes put in by the directors. He should, therefore, call upon the scrutineers to amend their report. Mr. SPACEMAN having declared that it was not the intention of the scrutineers to alter the report, The CHAIRMAN then said that he would give a quarter of an hoar for the purpose, when, ,if he received no other than that before him, he should declare the meet : ing dissolved without coming to any conclusion. No answer was made to this, zi.d Mr. lipacknian and his friends, after a little consultation, left the robin. At the appointed time the Chairman declared the meet ing dissolved. SLIGO AND SHANNON RAILWAY -- COMPANY. An extraordinary general meeting of the Sligo and Shannon Railway Company was heldyesterday afternoon, at the offices of the company, Winchester-buildings, Old Broad-street, for the purpose of assenting so the terms of amalgamation, by way of purchase, with the Sligo Ship Canal Company. Mr. Hughes in the chain. The SECRETARY read the report, which stated that the shareholders of the Sligo Ship Canal Company had unani mously agreed to transfer their undertaking to this com pany, under the pow er.3 granted in their Act for that purpose, and the directors of this company felt persuaded that it would be most advan tageous that they should possess the entire con trol of the Sligo Ship Canal. Both undertakings would be under one management, and the directors earnestly recommended the shareholders to confirm the arrangement for the purpose of completing the trans action. The shareholders had to authorise the directors to issue 800 shares in addition to the company's present number, which, when done, would make the company's capital 120,0001., in 4,800 shares uf 251. each, with power to borrow the sum of 33,2001. to complete both the railway and canal. The directors would possess, when the companies were amalgamated, the power of adjusting tolls, remitting them on vessels conveying goodi to or from the railway, and charging by their Act on vessels conveying goods to any other destination. The canal would thus become a most important branch of the company's scheme, connecting Sligo with the river Shannon, and making it the port of the whole of the towns bordering on that river, from Athlone to the company's station on the shore of Lough Allen. The company was the only one that obtained their Act out of the many schemes projected for the w est of Ire land, and a glance at the map would show how advan tageously this line was situated for extension in various directions connecting all the railroads to the north of Ire land with the lines reaching to the capital on the south of Ireland. The railroad and canal completed the communication between the Shannon and the sea The directors were assured by their engineers that the works could be completed and brought into operation in a twelvemonth, and the capital required being so limited in amount, they hoped the directors' endeavours to carry out the undertaking would be supported by the aid of the proprietors. The proprietors of the lands were being negotiated with, and would,- in the majority of cases, take the company's shares in payment for their land. The board, in conclusion, hoped that their views on the subject of the purchase of the canal would be confirmed, and that they should be authorised to purchase it, and attach the company's seal to the deed of conveyance thereof. The report having been r ea d, was unanimously adopted. Mr. BRIGHT moved a resolution, empowering the di rectors to conclude the agreement for the purchase of the canal. Mr. VICARS cordially seconded the proposition, which, upon being put to the meeting, was unanimously adopted. A vote of thanks was passed to the chairman, and the meeting separated. SLIGO SHIP CANAL COMPANY. Yesterday, at twelve o'clock, an extraordinary general meeting of the proprietors in the Sligo Ship Canal Company was held at the company's offices, Winchester House, for the purpose of considering the expediency of transferring the Sligo Ship Canal undertaking, under the powers contained in the company's Act of incorporation, to the Sligo and Shannon Railway Company. The procerd.. ings were purely of a formal character, the sale of the undertaking to the Sligo and Shannon Railway Com pany being unanimously determined upon. FATAL RAILWAY ACCIDENT.--AB 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 live or six miles of Linlithgow, he at tcmpted to enter into the adjoining vehicle, but having missed his footing, he fell on the rails, and all the re maining carriages passed over him. The train, which at the time was proceeding at full speed, 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. SALISBURY AND BASING STOKE.—Mr. Lock, the engineer to the company, Pxamined this line yesterday, to enable him to mare a report to the direolors whether it is in fit State to open, LAW INTELLIGENCE. COURT OF QUEELV'S BEACH , D ec. 9. PLIMMER V. ANDERSON. (Continued from our Afternoon Edition of yesterday.) Evidence was adduced to show the delivery of va rious quantities of ale and beer; that the running ac count between the parties, on being balanced in May, showed the above-mentioned balance in favour of the plaintiff, who allowed the defendant Si. per cent. discount on all sums paid by him. The defence was that the plaintiff was really indebted to the defendant for money expended, and for time and trouble in endeavouring to obtain a spirit license for ano ther house belonging to the plaintiff, for which he claimed upwards of 501.; that he was simply placed in the house in question to sell beer and ale for the plaintiff, at a commission of 10s. per barrel, and Si. per cent. discount; and that he paid the rent to the owner of the house for the plaintiff. Evidence was adduced on the part of the defendant to show that such an arrangement had been made. The plaintiff's son, however, was called, and proved that the defendant was allowed 10/. for his expenses; that no arrangement was made to pay 10s. per barrel; that he uas his father's tenant, lino that if he obtained the spirit license, which he did not, he was either to give the plaintiff a promissory note fur 1,2001., the value of the other house, the Victoria, or to have 1001. for his trouble. The jury found a verdict for the plaintiff for the amount claimed. WOODS AND FIELD V. THOMS AND ANOTHER. This was on a bill of exchange fur 27 9 / Is. incurred for hops supplied to the defendants by the plaintiffs, who are hop merchants in Mark-lane. The defendants are brewers at Hungerford, in Wiltshire. Mr. Joseph Rainer, the plaintiff's traveller, proved the hand writing of Matthews, one of the defendants. The jury returned a verdict for the plaintiffs. COURT OF EXCHEQUER, Dec. 9. GILL V. LORD CURZON. The LORD CHIEF BARON intimated, that in consequence of the order obtained during the progress of the action, from Lord Langdale, by the application of the defendant for the purpose of taxing the bill of costs of the plaintiff in the present action, he was not quite certain biit that the whole of the proceedings which bad already been taken in this court should have been dis pensed with. It was his opinion that the interpretation to be given to the order of Lord Langdale was that the question of liability should first be tried, and if decided against the defendant, then the amount of the verdict to be regulated according to the taxation. After a short discussion, it was arranged that the matter should be referred to Mr. Willis, vpith power to call to his assistance th e serv i ces o f one of the officers of the taxing master. GREAGHTY V. BARNARD. This was an action to recover a balance alleged to be due from the defendant for professional, travelling, and hotel charge;, connected with a survey of three miles and three-quarters of the South Midlands and South ampton Junction Railway, of which defendant was en gineer. It appeared that the plaintiff had been engaged to com plete the survey at the rate of 251. per mile, but that when surveying some land, the property of the Duke of Buckingham they were ordered off by his Grace. They, however, were convicted of trespass, and placed i n "du rance vile" by some officers of the law. A representa tion of these circumstances was made by the plaintiff to the defendant, who informed him that the survey must be completed, no matter at what cost. Accordingly, some fifty persons were employed, who, armed with sticks, made the survey at night. The expense of employing the additional force formed a considerable item in the ac count of the plaintiff. The LORD CHIEF BARON said it was very clear that the plaintiff could not recover for any cbarge of that kind. The hiring of a band of ruffians to commit an act of trespass could not be sanctioned in any court of law. Mr. MARTIN, on the part of the defendant, contended that the sum of 180 L 165., which had been paid to the plaintiff, was ample remuneration for the services ren dered by him. A contract was entered into at the rate of 251. per mile, including all expenses. Witnesses were then called on the part of the defence, who stated that the custom of the profession was, that when a contract we.: entered into to survey by the mile, it included all expenses whatever. Mr. WHATELEY, in reply, contended that the contract was to pay 251. a mile and all expenses ; and now the work was done, it was most unfair to turn round and saddle the plaintiff with expenses which he incurred at the express direction of the defendant. The LORD CHIEF BARON having summed up, the jury returned a verdict for the plaintiff-7 41. 12s. 7d. 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 bel ong i ng t o an y foreign country with which treaties of reciprocity have been concluded, bond be given in double the amount of duty pay able 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 fur which they may have been en tered. GAOL - BREA KING .—On Wednesday night, a prisoner named Maelicrzie made his escape from Elgin gaol in a very bold mann. r. The door of his cell was left open, by the (lector'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 made 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 engag e d on th e roof of Messrs. Rolls 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 injury to the chest, fractures of several ribs, and other serious in juries. He lies in a precarious state. Another accident happened to a female named Martha Willis, aged twenty nine years, residing at No. 2, Fair-street, Ilorslydovvn. 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 evening 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 seven o'clock on Sunday morning last, when a man named Nevitt, whilst standing on the pier at Blackfriars-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. on the body of a male infant murdered under the following circumstance appeared that a bar-maid, named Charlotte j e Cooper, who was then enceinte, was married in June with the pains of labour, Mit chell, who resided at No. 13, Gilbert - street, St. G tles s. On the 22d ult. she was seized birth to the infant, which was subsequently and on the folloin fo g u d n buried a d ygaveb i i : 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 after its birth. In consequence 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. THE MURDER OF AN INFANT BY HER FATHER. —The inquest upon the body of Elizabeth Ann Cam was resumed at Bristol yesterday. Elizabeth Bird, who lived in the same house with the Trisoncr, deposed to various acts of cruelty which had been committed by him on the child. Some ether evidence to a similar tffeet having been heard, the jury, after a f. ow minutes' consul tation, returned a verdict of" Wilful a turder against John Cann," and the coroner made out a vvx =ant for his com mittal to take his trial at the Gloucest, er assizes. HOSPITAL FOR CONSUMPTION- AN,') DISEASES OF THE CHEST, BRO3IPTON.— The number of patients at present under treatment in this hospital is about sixty; of out-patients, almost fivefold that number ,receive advice and medicine. When the eastern wing is completo I there will be accommodation for in-patients to the num her of 200 and upwards. DEMISE OF BISHOP SCOTT.—The Right Re' v. Dr. Scott, Roman Catholic Bishop, died at his reside lice in Greenock on the 4th inst. Bishop Scott was wellicnown in Glasgow, where he officiated for a lon x period of years, and his death will no doubt cast a gloom over a large circle of friends and admirers, by i whom he was esteemed for his unostentatious gentlemttate manners, • and for the zeal he at all times manifested, to; r the spiri tual' interest of those of his own persti4;44l4 --PG l a 9 9 O vJ Courier .•• ..