The Sun. — London, England, 1842-08-05 00:00:00

On the application of Mr. James, the writ was stayed r a fortnight, on the ground of the verdict being against •►idence, in order to go before the Judge in Chambers. The Court aljourned at one o'clock. INSOLVENT DEBTOR'S COURT, August 4. IN RE JAMES ATKINSON. The insolvent applied to be liberated on bail until the day appointed for his hearing. His chief detaining cre ditor was his mother, the others being small ones on detainers from the Court of Requests. The Learned CHIEF CommtssloNEß examined him with respect to the manner in which his mother's debt was contracted, or whether it was bona ,fide. In reply, he stated that his mother was actuated by spite against him in lodging- the detainer. The Court eventually ordered the case to stand over to Monday, in order that further inquiries might be made respecting the orders from the Court of Requests, as the time at which the insolvent's hearing came on would cover the period during which confinement under these decrees were The Court was occupied entirely with hearing unim portant applications for bail, of which there were no less than forty-one. Thirty were London, arid the remainder country cases. ASSIZE INTELLIGENCE. HOME ClRClUT—Guildfird, August 2. (Before Lord AUINGER and a Special Jura) LIBEL.—GREVILLE V. CHAPMAN AND . ; 04 . 01 ,„,,, 8. This was an action brought by ;:ne Hon. Mr. Gre against the defendants, whrl are the proprietors of the Smcflau Times newspal;,,, for publishing a libel upon the plaintiff; in that PH; t ier. The libel complained of was ..,.contained in a reo,, rt of the proceedings of the last Ep som Races, a ir .t ‘ die plaintiff was accused of having with drawn ids 1 4orse Canadian from that race, in order that b e mig 4 :,.e win several large bets that he had made against The defendants put several pleas upon the record, which were, in fact, tantamount to a plea of justification. Mr. Thesiger, Mr. Bodkin, and Mr. Peacock were for the plaintiff: The Solicitor-General, who was specially retained; with Mr. Platt, and Mr. Taylor, were for the defendants. 'Mr. Titestota addressed the Jury, and said he had the honour to appear on behalf of the plaintiff, who was a gentleman connected with some of the first families in • the kingdom; who had for several years filled the %wive of joint-clerk to her Majesty's Privy Council, And who had for many years enjoyed the esteem of a - numerous circle of • friends, but who felt himself corn • pelted to com e b e f ore a Jury in vindication of his honour., to complain of the publication of a foul libel and calumny upon him by the defendants, who were Use proprietors of a newspaper called the Sunday Times, They were not content with publishing the offensive ar ticle now complained of, but when they were asked to give a contradiction or explanation, they not only refused to do so, but inserted another article in a subsequent publication, in which they defended the • original statement, and declared it to be true. The charges made against the defendant were of a most seri ous character, and affected him deeply as a man of honour, and he looked forward to the result of this ac tion with the deepest anxiety. The Learned Counsel then proceeded to state the facts of the case, as they afterwards appeared in evidence ; and having read the libel, he said that the plaintiff was accused of having betted Urge sums of money against his horse Cana dian, and that just before the race he withdrew him from the contest, in order that he might win the money in this dishonourable and disgraceful manner ; and this was not the extent of the charge made gainst him, foe he was likewise accused of having lamed the horse, or caused him to be lamed, in order to afford a colourable pretext for withdrawing him from the race. Having detailed the• facts, the Learned Counsel said that Mr. Greville re pelled with scorn the imputations east upon him. He had no means of discovering who his calumniator was, • and he had taken the only course left open to him, of appealing to the law, and daring his assailant to the proof of the charges made against him. The de fendants had accepted the challenge, and the Jury would have to decide whether the defendants had any ground fur the tout attack they had thought fit to make upon the plaintiff: lie was not fearful of the issue, and be was glad that the defendants had met the case in this manner, because it would give him an opportunity of ascertaining upon what foundation they had made the charges against him, and to see what proof they would offer in support of these charges. The Learned • Counsel concluded by saying that the plaintiff did not seek for vindictive damages, but when such a foul charge vas made against him, he did expect that the Jury would let the world know, by their verdict, what was their opinion of the charge, and that they would give such damages as would satisfy all who knew the plain tiff, that it was a foul and calumnious attack 'that had been made upon him, without the slightest ground or semblance of truth for its foundation. The libel was then put in and read. It was in sub stance to the effect above stated. The proprietorship of the paper was also admitted. Montgomery Dilly was then called. He deposed as follows :—I have been for many years trainer to Mr. Greville, and I keep stables for him at Littleton, in Hampshire. I remember the horse Canadian, and I saw him win a race at Newmarket ; and upon my re commendation he was afterwards purchased by Mr. Greville of the Duke of Grafton, to whom he then be longed, and the horse was brought to Littleton, and placed under my care. lie was engaged in the Derby of this year, and he was regularly trained and put in condition for the race. On the 21st of May, the Satur day belore the Epsom race week, Mr. Greville came down to see the horse with Nat, the jockey who was to ride him, and he was taken to• a paddock and ridden by Nat in the presence of tho plaintiff, and I afterwards received instructions to send him to Epsom on the fol lowiny Monday, and the plaintiff then raturned to town. on the Sunday the horse was exercised by a lad named Ilumby, and soon after the horse was brought home I received a communication which led me to the stable, and I then found that the horse was lame on the near side bock. I immediately sent a communication to Mr. Greville, and the next morning Mr. Field, the veteri nary surgeon came to look at the horse ; and after he hail examined him, he was placed in a van and was conveyed to Epsom. The horse still continued lame, and lie Was seen by Mr. Day the trainer, and Mr. Ste phenson, the trainer to the Duke of Grafton. He was very lame on the Tuesday morning, and was evidently quite unfit to run a race. He was lame for several weeks after this, and forfeited his engagements at Ascot and Goodwood, and other places where he was to have run. There was no appearance of injury to the leg, and I could not account for the lameness. Cross-examined—l have been a trainer to Mr. Gre vide since 1837. He has been many years connected with the turf, and keeps several race-horses, but I do not know anything about his bets. I sometimes bet myself, but I did not bet anything upon Canadian in this race. Mr. Greville's jockey rode the horse on Saturday, and at that time he was perfectly sound, and no sign of lameness was discovered until the Sunday, when the horse was removed from one side of the stall to the other. He was very lame on the Sunday, and he was not in a state to run and when Mr. Field came to see him on the Monday morning, if there was any difference be was more lame. Mr. Field directed that the leg should be bathed with cold lotions, and he consented that he should be taken to Epsom. The horse was placed in a van, and was taken to Kingston by the railway, and from thence by post-horses to Epsom, when he w as t a k en to t h e sta bl es o f Mr. Wood. The time otzlapied in taking the horse to Epsom was about four hours, and when we got there I did not tell any person about the horse being lame. A person named Wood was present, but I did not tell him anything about the lameness. It is net usual for trainers to tell if there is anything the matter with their horses. There is generally betting at Tattersall's on the Sunday and the Monday before the Derby day. On the Tuesday any person seeing the horse would not have known that he was lame, and I had him walked about on the pad dock for an hour and a half or so. where every body could see him. I think he trotted on the paddock, and when he trotted he went lame. I still kept my counsel, and did not tell any one that the horse was lame. He was still in the same state at twelve o'clock on the Tuesday, and on that day he was declared not to start. I knew that the horse was not to start between eight and nine o'clock on the Tuesday morning. Mr. Greville came to see him on that morning, and asked me how the horse was, and I told him that he was still lame ; and it was then stated that he was not to run, but this was not made known publicly until one or two o'clock. I did not hear any bets made upon Canadian on that day or at any other time. Mr. Wood did not say to me, " Well, have you brought Canadian to win the Derby?" neither did I reply, " I .suppose so, for -he has takcm his last gallop at Littleton." The horse was not examined by any veterinary surgeon at Epsom either on the Monday or the Tuesday. Mr Field recommended that the horse should be bled and have a dose of physic. Canadian had won three times before I and Mr. Gre- ville Went to see him. I liked the horse and recommended him to Mr. GrevUle, and he decided upon purchasing him. Re-examined—lt would be a breach of confidence in a trainer to tell any one that his horse was lame. On the Tuesday morning Mr. Greville told Nat, his jockey, that he might ride Lord Chesterfield's horse, as he did not think Cam Jilin would be able -to start. I do not know of horses being lame shortly before a race, and running and wi►ming the race. Ino not know that I ever had a horse fall lame ?..o suddenly as Canadian did. I have known them to do so in their gallops, but not in this manner. '.-3y the Cou AT—The jockey was at Littleton on the Saturday two or three hours, and I went to the place where the horse was sweated, and when lie first began to run he was apparently Perfectly sound. He went about four miles in his sweat, and when it was over I did not observe any difference in his gait. th. William Dilly, examined by Mr. I'macocK —I am boxiier to the last ‘iitoess, and assist him in training race_ hots es. I saw Canadian on the Sunday before the Epsom race, and olrr7ed him being ridden by a boy, named Humby, to When he was brought in I did not see that he was lame.. Tit, boy rode him for about three. quarters, of an hour, and when he was put in the stable I went to examine him, and fourd that he was lame in the near hind leg, but no cause for th- lameness was perceptible. In consequence of this I went to London, and saw Mr. Greville, and Mr. Field, the veteri- nary surgeon, was sent for, and he accompanied me back to l.ittletott to see the horse, and I then found that he was lamer than when I left him. The witness then went on to detail the facts stated by his brother, and confirmed his evidence. - Cro•s-examitied—The horse was walked to Winchester race course to be exercised, and it was walked and galloped about. We do not sweat horses on Sunday.—( Laughter.) After the boy had galloped the horse a short time, he got off and led him. When a horse is strained the part generally swells. After the lameness was discovered, I felt down the horse's legs, but could not detect. any inflammation, or heat, or sprain, or any thing to wl ich I could attribute the lamess. The foot was quite I,rieut w h en we had the shoe taken off. I got to Epsom on the Tue-day, but I did not hear that the horse was not to run until I had been some time upon the course. I had no inter est to see Canadian at that time. By the Coo .RT-There wa, no app earance of external injury ou the horse's legs. -WaS George Hutnby, examined by Mr. Tuzst Gl stable =adgroom to the pla,ntiff, and attended upon Canadian ton. .I rode Lum on the Sunday for tw o or three , hours, and when I took him to the stable to dress him, the other servant, Sherman, pointed out to me that the horse was lame, and I observed that he flinched when he was made to move from one side to the other. I immediately informed Mr. Dilly of the circumstance. The horse was taken to Epsom on the Monday, and I accompanied him, and observed that he favoured the near hind leg. On the Tuesday, at Epsom, I rode the horse at a walking pace in the paddock for about an hour and a half, and I found that he still continued lame. By the SOLICITOR-GENERAL—There were not many other horses in the paddock at the time, but they were all horses that were to run at the races. I don't know that Cana dian was so lame that any one who saw him could per ceive it. There were several people, trainers, and dif ferent sorts of persons, looking at the horses, but I did not hear any one remark that my horse was lame. Ido not know why I walked him about for an hour and a half on the Tuesday. Several persons looked at the horse in the stable, but I did not say any thing about his being lame. , Re-examined —Mr. Greville had another horse called Pale mon that Was to run at these races. By Lord AEINGER—I did not find out that the horse was lame until he:was taken into the stable after I had exercised him on the Sunday. Sherman first found out that the horse was lame. I began to dress the horse, but I did not discover that he was lame. Thomas Sherman—l am in the service of the plaintiff, and I remember Canadian being exercised on the Sunday before Epsom races, and I assisted Humby to clean him after he was brought in. When I went to turn the horse from one side of the stall to the other I discovered that he was lame in the near leg behind. Cross-examined—l don't know but what Canadian is now at Littleton. I saw him on Tuesday last, and he was not lame then. He was lame a month ago, and he was lame for several weeks after the Derby, but no one attended upon him, and nothing was done to him except that the leg was bathed with cold lotions. No veterinary surgeon attended upon him. I could not find any hurt or swelling when I examined the horse, and I don't recollect that I ever saw such a lameness before. Mr. PLATT—Was it not the like mange? Witness—l can't say that exactly. Mr. Wm. Field—l am a veterinary surgeon, and I was sent for by the plaintiff, who wished me to go to Littleton to see his horse, Canadian; and he told me if I thought it would not hurt the horse, that he should like him to go to Epsom. On Monday, the 23d inst., I went down to Littleton to the place where the horse was. Mr. Greville told me that he wished the horse to run, and that he should see him at that place, and judge for himself whether he was capable of running. I found the horse lame, in my opinion from injury to the near hock. There was a slight appearance of heat on that part. I made a careful examina tion, and observed that there was snore apparent lameness when he turned, than when he walked straight. He was not in a fit state to run a race, but I considered his being re moved to Epsom would not hurt him. I prescribed the application of cold lotions to the leg. I have no doubt that the injury was ,ef a character very likely to show itself more after exercise, and when the horse got cool. Having prescribed f or th e h orse , Lreturned to London and saw Mr. Greville, and told him my opinion that the injury might be speedily removed, but, in the then state of the horse, I told him it would injure the horse if be was started for the race. On the Tuesday I saw Canadian at Epsom, and the lameness then appeared to be in the same state. When the horse was put into the van to go to Epsom, he was lame. Cross-examin e d—I th oug ht the horse might recover in two or three weeks, but he would certainly not have been well enough to run for the Derby.; and I believe I expressed this opinion to Mr. Greville on the Monday. The horse was what I should call very lame, and not competent to run for the Derby with any chance of winning, and I said this to the plaintiff, and I think he told me that he should follow my advice, and if he found the horse in the state I reported, that he should not run. I was to send the horse to Epsom if I thought the journey would not injure him. When I sent him I did not see any chance of his being able to run. I have never seen him since. I considered rest would be the only remedy. I think it very probable the injury was occasioned by a sprain or stretching of the hock, land I thought that was the seat of the disease, from the heat I felt at that part. I think it is possible the horse might have been walked round the paddock at Epsom, and that experienced persons, trainers and others, might not have ob served it, unless it was pointed out. I think that walking or trotting the horse would be injurious, and I cannot tell with what object he was walked about for an hour and a half. I had given directions when I was at Littleton that the horse should be kept perfectly quiet. Re-examined—lt would be necessary to see the horse in action in order to judge whether he would be fit to run un the Wednesday. By the Cou AT—I told Mr. Greville on the Monday that the horse could not run without danger. Mr. Isaac Day—l am a trainer of horses, but not publicly, and I have; had experience with horses. I was at Epsom on the 24th of May, and, by desire of the plaintiff, I went to see Canadian, and found that he was lame, and certainly not in a fit state to run in the Derby on the following morning. I bled the horse on the Wednesday. Cross-examined—I heard that Canadian was not to run be tween two and three o'clock on the Tuesday, and I think Lord George Bentinck was the first who told me of it. I was at the Spread Eagle on the same night, and I saw Mr. Craven there, and heard some observations made by that gentleman, but not in reference to Canadian being withdrawn from the race. I was in the large room about half an hour, but nothing was said there about Canadian. I think Mr. Craven matte some observations about withdrawing horses, and it was with reference to that that Mr. Craven mentioned the name of the plaintiff. I heard Mr. Craven say that withdrawing the horse was nothing short of an infernal robbery, and lie said the members of the Jockey Club were all infernal robbers. He said that he always ran his horses to win, and did not bet against his own horses. Mr. Greville's name was mentioned, but I do not know that it was in reference to these observa tions. Mr. Craven appeared to me interested. I won't swear that he did not say the withdrawing of Canadian was an in fernal robbery. He did not say that he had heard Mr. Gre ville tell some one that he had betted 10,0001. to 300/. against Canadian. I did not hear any such remarks, but I will not swear that they were not made. Mr. Craven became very violent, and I left the bar-room where he was. Mr. Fulwer Craven examined by Mr. THESIGER.—I was at the Spread Eagle at Epsom on the night before the Derby, and I will swear that I did not say that I had heard Mr. Gre sine declare that he had betted 10,0001. to 3001. against Ca nadian, and that ho considered it a good bet at the time. Cross-examined—l betted on Attila. I did not bet against Canadian particularly. Sir W. FOLLETT—Excuse me for asking the question ; but were you sober ? Witness—lt was after dinner, but I have a recollection of what occurred. I did make some strong observations relative to horses that were sound being withdrawn on the night before a race, and the observations would have applied to Canadian if he had been sound, but I don't know that the name was men tioned. I said also that the racing fraternity, the Jockey Club, trainers, betting men, myself included, were all infernal rogues. (Laughter.) I willnot swear that canadian'sname was not men tioned. 1 bare no recollection of saying that Charles Greville was a rogue. Ido not think any one said to me, " You are quite right, Sir, it is an infernal robbery." I heard Charles Greville, on the 1,000/.day at Newmarket, say that he had betted 10,000/. to 300/. against Canadian, and that he thought it was a good bet at the time. I will not swear positively that that one ob servation was not made in the room, but I did not hear it. An other horse that was expected to run besides Canadian was withdrawn on the Tuesday. He was not quite an outsider, but the odds might have been thirty to one against him. I don't know what were the odds against Canadian. He was a favourite with a good many people on account of his running at New market. I never made use of the expression " Unlike Charles Greville, I run my horses to win." By the COURT—There are so many stories about betting made on these occasions, that I don't attend to one-half of what is said. Dilly re-called—The horse was lame for several weeks after the races, but no veterinary surgeon attended upon him. He did nut run at Goodwood. Mr. Robert Stephenson—l am trainer to his Grace the Duke of Grafton. I have known Canadian since he was a yearling. In the year 1841 he met with an accident, and was lame for two mouths, and the fact was publicly known. lie was afterwards sold to Mr. Greville, and at that time he was perfectly sound. Ab ou t t wo o ' c l oc k on the Tuesday, I learned that Canadian was not to run. Mr. Greville told me of the circumstance. I know that it was part of the bargain when the horse was purchas e d f r o m th e D u k e o f Graton that he was to have 1,0001. more if he won the Derby . I went to see the horse at Mr. Greville's request, and found him lame, and not in a fit state to run. I have been trainee a great many )ears, and I have known instances of lameness coming suddenly, and disappearing as suddenly. I knew the horse Robert de Gorham, who ran at Epsom. He was at one time in the next stable to Canadian. Their speed had never been tried against each other. Cross-examined—Canadian had been tried against a horse called Chatham, and beat him. Chatham had ran against Ro bert de Gorham, and beat him easily. I don't think it follows that Canadian would have beat Robert de Gorham. Chatham was ill when he ran against Canadian.—(lt will be remembered that Robert de Gorham ran second to Attila, the winner of the Derby). I examined Canadian, and felt a slight heat about the near hock. lam not aware of any harm being done to the horse by walking him about when he was lame. Re-examined—Chatham ran on the last Derby, and he was of course, beaten by Robert de Gorham. Mr. George Weatherby—l am Secretary to the Jockey Club. The horse Canadian was entered to run in the last Epsom Derby, the Ascot Derby, the Drawing-room Stakes at Goodwood, and the Duke Michael Stakes at Newmarket. The horse was entered in the name of the Duke of Grafton, -- - - - - - - The amount of the Derby Stakes would be 5,000/., with some trifling deductions; ,the Ascot Derby would be about 400/. 4 the Drawing-room Stakes about 1,200/, and the Duke Michael Stakes would amount to about 1,000/. I remember some ne gotiation in reference to a bet between Colonel Peel and Lord Charles Fitzroy, and it was disputed whether the former had laid 10,000/. to 300/. or to 100/. against Canadian and another horse belonging to the Duke of Grafton, and ulti mately the Jockey Club recommended that the bet should be withdrawn. Mr. Greville has paid all his forfeits upon the races I have mentioned. Cress-examined.--It was, I believe, a joint bet between Col. Peel and Mr. Greville against Canadian and Oneida Chief. Before the 1,0001. day at Newmarket, the Jockey Club re commended the withdrawal of this bet. The decisions of the Jockey Club are considered to be binding. The principle upon which the Club acts is upon a consideratio n o f w h at i s . . fair and honourable in the matter in dispute. If the Duke of Grafton had continued the owner of these horses, he might have withdrawn them from the races if he pleased, without assigning any reason. The Jockey Club knew nothing of any bet, and if the owner of a horse chose to order him to strike out the name he must do so. If a person the owner of a race-horse betted against him, he might withdraw him if he pleased; at least, I know of no rule to the contrary. If the owner of a horse makes a bet that his horse will not win, and be then withdraws him, by the rules of the Jockey Club the bet must be paid to the owner of the horse. A person who makes a bet, if he loses, must pay it. The SOLICITOR-GENERAL—TiIIit is to say, if a person who has a race-horse, one even who is likely to win, and he bets against him and withdraws him, and prevents him thereby from winning, the bete must be paid ? Witness—l know of nothing to the contrary. Lord John Fitzroy--I am brother to the. Duke of Grafton, and I manage his racing establishment. Canadian was the property of the Duke, and I remember his being lame in 1841. I negotiated the sale of the horse with Mr. Greville, and it was arranged that 2,0001. was to be paid down, another LOCO/. if he won the Derby, and he was to be taken with all his en gagementa. Cross-examined—A person who his a horse engaged to run in any race may withdraw him at his own option, and without assigning any reason for it. There is no rule of the turf to prevent the owner of a horse from betting against him, and he would receive all such bets if he withdrew his horse, andif there were a dispute the Jockey Club would decide to that effect. Lord ABINGER—They appear to have a peculiar code of morals if they say that a man who bets 10,0001. against his horse, wins the money by withdrawing the horse for• the purpose of getting the money, and without any other reason being given. Lord John Fitzroy—l do not defend such a course of con duct, but I only say that such a.proceeding might be effected. Re-examined—l should consider it a most dishonourabl e act for a horse to be withdrawn by its owner, when he had made bets against it ; and I don't think any gentleman would be guilty of such conduct. No man would be tolerated in i. , :.ciety who was proved to have done such a thin. THE SUN, LONDON, FRIDAY MORNING, AUGUST 5, 1841 Lord ABINGER—But would he be tolerated by the Jockey Club ? Lord John Fitzroy—l think if such an act was proved against any member that he would be expelled. Colonel Peel was then examined, and he proved that Mr. Greville and he had a joint betting-book, and he stated that there was some misunderstanding between him and Lord C. Fit z my relative to a bet of 10,0001. to 3001. against Canadian, and the matter was referred to the Jockey Club. who recommended that that the bet should be cancelled, and this was accordinglydone. He then went on to state that if Canadian had won the Derb), that, as their book stood, they should have won 8,000/., and there were only two other horses on the list by whom they could have won so much as by Canadian. The arrangement of betting was to lay odds against all the horses, so as to ensure a balance in their favour. Cross-examined—They betted abont 6,000/. to 345/. against Canadian, and of course they won that amount by his being withdrawn, and if he had won they would have had to pay the 6,000/., but on the °the: hand, they would have hid to receiive from all the other horses, and the amount would have been nearly 14,000/., so that if Canadian had been a runner they should have gained 8,0001. Witness did not know that the horse was withdrawn till the Tuesday. and he had made some bets against him on the Monday. By the race being won by Attila they won about 4,6001. If Chatham had won they would have gained 9,000/., and if Sea Horse had gained the race their winnings would have been 16,000/. The witness said he had heard complaints made of horses being withdrawn, and he said he was also aware that it was customary for persons to be sent about the country by the owner of a horse to make bets for him. This was the case for the plaintiff. The SOLICITOR-GENERAL then addressed the Jury at con siderable length for the defendant. He contended that from the plaintiff's own witnesses, it was clear that there were . practices on the turf which all honourable members of it must desire to see put an end to, and he submitted that the defendant had not gone further than he ought to do in expressing what he believed to be a gross fraud upon those parties who had honestly risked their money upon the horse belonging to the plaintiff. The case was a most mysterious one. It was admitted that the lameness was one of a most extraor dinary character, such as none of the witnesses had ever seen in a horse before ; and yet although the plaintiff was well aware of the tact, and had been satisfied by the veterinary surgeon, that it was impossible for the horse to run, he sent him to Epsom, he was exercised in the paddock with the other horses that were to run, and the public were naturally induced to believe that he would start, and betted their money on him, when the plaintiff was well satisfied that the horse could not run. He argued that it was the duty of the plaintiff, the moment that he became aware of the fact of the lameness, to have at once let the public know of it, and not to have sent the horse to Epsom, which must necessarily have deceived every body, and induced the world to be lieve that he was in a fit state to start for the nee. The Learned Solicitor-General argued at considerable length upon these points, and he also submitted to the Court that inasmuch as betting upon a horse race was an illegal act, the plaintiff could not make any proceeding arising out of it the ground of an ac • tion for libel., Lard ABINGER, having expressed his opinion that the tech nical point raised by the Counsel for the defendant was no an swer to the present action, proceeded to address the Jury upon the facts, and in the course of his observations he said, that the question for the Jury was, whether the article published in the defendants' newspaper was o' was not a libellous attack upon the plaintiff. He then referred tn. the pleadings, and said that the defendant had undertaken to justify the publication in question, on the ground that it was true ; and, in his opinion he had entirely failed to make out that plea. The Solicitor-General had made a very ingenious address to them, but he must take care that they were not led away by it from the real question at issue, which was whether or not the defendant had published a false and calum nious libel upon the character and honour of the plaintiff. The plaintiff had been accused of dishonestly withdrawing his horse from a race, in order that he might win the money he had laid against him, and also that he had actually lamed the horse, in order to give a pretext for withdrawing him. These allega tions were proved to be false, and then the defendant's counsel turned round and said, " Oh, it may be all very true that the horse really was lame, but the plaintiff ought to have made the public acquainted with the fact sooner." This was very ingenious, but it was no answer to the present actiorn and he felt bound to express his opinion that the defendant had failed in all his pleas, and that the plaintiff was entitled to a verdict, with such damages as the Jury should think uncle! the circumstances he was entitled to. 'The Jury, having consulted for a few minutes, returned a verdict for the plaintiff—Damages, 250/. COOK AND OTHERS V. HITCHCOCK. This action was tried by a special jury. The plaintiffs are Messrs. Cook and Gladstone, Manchester warehouse= men and silk-mercers, and the defendant is George Hitchcock, brother of William llitchcock, the bankrupt, whose case excited so much sensation a short time since. The action was to recover the amount of a bill of ex change for 7,0001., accepted by the defendant and hid brother. The defendant pleaded, first, that he did not accept the bill in question; secondly, that it was accepted only upon the condition that it was to be renewed at the expiration of every twelvemonth for some years, and also that it was only given as a security for the re-payment of the sun mentioned in seven years; but that, in violation of the agreement, the plaintiffs never advanced the money, and it was likewise pleaded that they had charged a usurious rate of interest, viz., 71. 10s. per cent. for the use of the, money, and that the defendant, therefore, was not liable. Mr. Thesiger, Mr. Sergeant Chappell, and Mr. M. Chambers were for the plaintiffs; and Mr. Platt and Mr. Peacock for the defendant. The bill having been put in, and the acceptance proved„ Mr. PLATT addressed the Jury, and alluded at some: length to the pleadings. Some deeds and documents having been .put in, the Learned Counsel called Mr. W. Hitchcock, who deposed that he formerly car-; ried on the business of a linendraper and silkmercer Regent-street, and that he had had extensive business transactions with the plaintiffs, and had been in the habio of borrowing money of them on various occasions. In the month of April, 1840, he was desirous of obtaining from them a further sum o f 7,0001., an d t h e p l a i nt iff s agreed to let him have it if he could get the security of his brother, the defendant. After some negociation witness , and his brother went to the plaintiffs' house, and had an interview with them. At this time the plaintiff's held the leases of Nos. 114 and 11$ in Regent-street, as security for the money he owed them. An arrange ment was made that the money should be advanced for seven years, and his brother was to join him in giv ing security ; and he proposed that the lease of No. 118 should be placed in his possession as a guarantee ; this was arranged, with interest at 7- per cent. It was then arranged that the interest should be paid every year, and a bill for .525/. 12s. 6d., being the amount of the first year's interest and the stamp, was drawn by the plain tiffs, payable in twelve months, and witness accepted it, and it was paid in due course. The bill for 7,0001. was . drawn and accepted by witness and his brother, and at the expiration of the first year it was replaied by an other bill for the same amount, payable in another year. This was the bill upon which the present action was brought. Cross-examined—Witness was a bankrupt, and had not got his certificate. His examination was adjourned sine die, but he intended to go up again. Mr. THESIGER—DO you remember hearing the Com missioner say that you left the Court unworthy of credit? Mr. PLATT objected to such a question being put, and it was not pressed. The examination taken before the Commissioner of Barikrupts was then put in, to contradict the statements made by the witness Hitchcock. The examination of the present defendant was also put in. Mr. THESIGER addressed the Jury at some length, contending that the defendant's case had entirely failed ; that the evidence of the bankrupt was unworthy of credit, and that the plaintiff was entitled to a verdict. Some argument then took place upon the pleadings, and after considerable discussion, Lord ABINGEA expressed his opinion that the only pleas upon lath a question would arise were those al leging. usury. And he left it to the jury to say-Ist, Whether the loan was for seven years at 71 per cent. ; and, if so, he was of opinion it was usurious, and the pro missory-note void. 2d. Whether the money was lent at 71 per cent., and that it w as p art o f t h e original agree ment that the security for the loan should be the note of the brother and the security of the lease. The jury found, first, that it was a loan for seven years at 7 per cent. ; secondly, that the p r i nc ip a l se curity was the note of hand, and that the lease was the collateral security. After considerable discussion whether the verdict should not be entered for the defendant upon the third issue, the Learned Judge directed a special verdict as found by the jury to be entered on the record as above stated, leaving it to the Court above to decide for whom it should be ultimately entered. POLICE INTELLIGENCE. MARLBOROUGH-STREET. Robert Sortie, a private in the 3d battalion of the let Regiment of Foot Guards, was charged with robbing a sailor named Edward Huntley of a 51. Bank of England note, under the following circumstances:— The prosecutor was on Wednesday morning discharged from her Majesty's ship of war, the Sulphur, a botnb vessel, lying off Woolwich, and on board which he had been serving for a considerable period as an able seaman, He had been drinking about from one public-hoase to another during the day, and about seven o'clock in the evening met with the prisoner somewhere in the neighbourhood of Lambeth, and wishing for " a mess mate to say a word to and not have all the fun to him self," they had something to drink together, and then he treated him to the Surrey . Theatre. The performance not being in his (the prisoner's) opinion " ship-shape like," they left before it was half over, and proceeded in a cab to see Madame Tussaud's Exhibition, at the Bazaar in Baker-street, Portman-square, but on arriving there found it was shut up; they therefore adjourned to a neighbouring public-house, and drank very intemperately, until at last the prosecutor got into scab in Conduit-street, Bond-street, intending to proceed home, and was bidding the prisoner " good night," when he jumped up on the top of the cab, and snatching the note in question from amongst several others the prosecutor had in his hand, was running off with it as fast as he could, but was pursued by police-sergeant, No. 7 of the C division, who name up at the moment and secured him. lie dropped the note just as he was seized hold of. The prisoner made no defence. A sergeant of the regiment said that he had borne a very good character since he enlisted. He was fully committed to Newgate. UNION-HALL. Five lads were brought up for bathing in the Surrey Canal on the preceding evening. The defendants were observed in the canal between seven and eight o'clock in the evening, and shortly after wards presented themselves in a state of nudity on the banks, at a time that the young ladies belonging to a boarding school in the neighbourhood were walking. As the hour appointed for bathing, which was after :nine o'clock at night, had not arrived, a policeman took the defendants into custody. The defendants said that they did not intend'to insult any person, and had gone into the water to cleanse them selves after their work. A gentleman said that the schoolmistre is was to blame for taking her scholars to that part of theeii. al where the boys were bathing, as all the inhabitants knew it was ap propriated for that purpose, anl that alle could easily have avoided that spot. . ........;~.) S. ..'~_.. ... _ , The Mac'sman; said that he should not punish per sons for enjoying the recreation of bathing, which was such a luxury, and at this time of the year, and tended to preserve health. He thought the schoolmistress was blameable in taking the young ladies near the spot which could have been avoided according to the gentleman's account. He. however, cautioned the defendants to keep as much out of public observation as possible when bath ing, and discharged them. TO CORRESPONDENTS. Plianogen's paper is left in the office for him. The communication from Birmingham reached us, but a press of matter compelled us to postpone inserting it. HIGH WATER AT LONDON BRIDGE THIS DAY. ►lnrning l6 minutes after 0 1 Evening ... 46 minutes after 0. LONDON: FRIDAY MORNING, AUGUST 5, 1842. CHINA AND INDIA. By the arrival of the Overland Mail from India, we have received Bombay papers of the 18th of June, with late and important intelligence from the Indian Presidencies, A ffghanistan, and China, of which am ple details will be found in another part of The Sun. The intelligence from China is to the 12th of April inclusive. The last Overland Mail brought an ac count of an attack by the Chinese upon Ningpo, which was repelled with great spirit by the English troops. The Celestials then set themselves to cut off the sup plies, which obliged the British troops, under the guidance of the gallant General Sir HUGH GOUGH , to march against a strong camp of 6,000 men , w hi c h they had formed at Tsee-Kee, about ten miles from Ningpo. The force was composed of detachments of the 18th, 26th, and 49th regiments, and a naval brigade, in all 1,100 strong. The Chinese fought well, but they could not resist the overwhelming influence of British discipline. They fled, leaving upon the field from 600 to 900 of their men killed, ,and many wounded. The British had but three men. killed and forty wounded. Among the latter were Mr. HAMBLY, of the 'Marine, and Captain REYNOLDS, of the 49th, slightly ; and Lieutenants MONTGOMERY and LANE, of the 49th, severely. The 18th Regiment did not arrive in the field till the . Chinese had begun to scamper off. There was a report that the Chinese army was imme diately afterwards strongly reinforced, and that they would again attack the garrison at Ningpo. A report prevailed in the bazaars at Hong Kong that YANG, an Imperial Commissioner, was on his ourney from Pekin to Sir H. POTTINGER, charged to offer the Plenipotentiary forty millions of dollars, in full compensation for the destruction of the opium, the expenses of the war, and the evacuation of the Chinese territory. His Celestial MAJESTY is said to be terribly alarmed at the deliberate course of con quest and settlement adopted by the English, so con trary to the sudden overrunning, and as sudden eva cuation of invaded territories by Eastern conquerors. We trust this intelligence may be true, as it is high time that something were done to bring this very dis creditable conflict to a close. Nevertheless, the Chinese Government has not relaxed the execution of its edicts against opium smuggling in the Canton River. Of 100 smugglers seized near Whampoa, 44 were decapitated in Canton in one day, and 16 a few days subsequently. The Chinese authorities have issued an edict offer - ing quarter to such black or red " barbarians" in the British army as in the day of battle shall demand it, and declare that they were forced to fight against the EMPEROR, in opposition to their own inclination. This certainly indicates a very merciful disposition on the part of the Government. In the same edict great rewards are offered for the capture alive of " Barbarian Eyes" (officers), and of common red and black devils (soldiers and sailors). At Amoy all was quiet. The natives had all deserted the island of Koo-long-soo, garrisoned by the British. The garri son was greatly weakened by the withdrawal of 300 of the Royal Irish, by command of General Sir H. Gotron, to reinforce the more threatened garrison of Ningpo. Such is the substance of the latest news from China, where we regret to say no improvement in trade had taken place. From Affghanistan the news is less satisfactory. Notwithstanding the frequency with which the Cau bul passes had been forced, AKBAR Kurazi had not in the least reduced his demands. His last demand from General POLLOCK for the release of the prisoners was a sum of 80,0001. paid down, an annuity of 20,0001., and secure possession of the .Aflghan throne. Generals PoLLocx and SALE were still at Jellalabad, unable to proceed to Caubul for want of camels and stores. hey had a force of 10,000 men. On-the Bth of blay letters were received by General SALE from FUTTER ,TJNG, the favourite son of the Shah SOOJAB, calling for reinforcements, as AKBAR had besieged him in the strong fortress of Balla liissar. A subsequent letter stated that ARBAR had aot possessiou of Ballar Ilissar by a clever strata. gem. "He went to Caubul," says the writer, " taking POTTINGER with him, and gave out that General PoLLocK had agreed to place him on the throne of Caubul, and that Major POTTINGER had accompanied him as Envoy, upon which almost all in fluential men, except ZEMAN SHAH, deserted poor FUTTER JUNG, and joined with that most particUlar rascal and assassin." The body of Gen. ELPIIINSTONE, for which a ransom of 1,0001. was paid, arrived in Jellalabad, in a frightful state of decomposition, and was buried there. To our astonishment we find it stated, in the India papers, that our reverses in Affghanistan were the re; suit of the discovery, by AKBAR KIIAN, of a plot formed by Sir W. APNAourEN to carry off the Aff ghat' Chiefs. The writers state that all the particu lars having been officially forwarded to the British Government, by the last Overland Mail, it is un necessary for them to detail events which they pre sume, to be now well-known in England. Our readers, however, are aware, that if such grave facts have been communicated to the Government the secret hitherto has been well kept. But justice to the memory of a highly-prized public servant re quires that the whole circumstances should now be made public. With a view to accelerate a full expo sure and investigation of facts, not to cast the shadow of censure upon the late distinguished Envoy at the Court of Shah SOOJAH, we quote an extract, from the letter of the Bombay correspondent of the Morning Chronicle, dated the 18th of Jur.e, the date of the departure of the India Mail : " The disclosure of Sir WILLIAM 11.1. 4 .NAGIITEN'S deceitful conduct towards the Affghan Chiefs at Cau bul, to which, unhappily, may be attributed in a great measure, if not entirely, the series of terrible events commenced by his assassination, and terminated by the ghastly massacre in the passes of Teezen, came upon us with startling suddenness, and has rendered deeper and more permanent the grief with which all who have at heart the preservation of their country's honour must look back upon those calamitous occur rences. While censuring, with the bitterness of natural abhorrence, the monstrous perfidy. of AK BAR KHAN, and advocating a severe and well merited retribution, little was it thought that our own Envoy had planned an act of treachery so disgraceful as to form sufficient provocation for the deed by which he fell! If all that is stated he true—and the facts rest on evidence which it would be madness to call in question—Sir WILLIAM APNAGItTEN's proceedings have fixed a darker stain On our hononi than the Whole of our reverses, and his name must go down to posterity with a stigma that nothing can remove. For AKBAR KHAN there was at least the plea of partial barbarism ; and this may even be applied in extenuation of the treachery—hor rible though it was—by which our army was de stroyed ; but for the British Envoy, none whatever can be urged. The blow which he sought to inflict recoiled upon himself, and he fell, the victim not more of the SIRDAR'S treachery than his own. "General ELPHINSTONE'S diary and statement, and the different narratives, depositions, and other official documents relative to the events which preceded and followed the disastrous retreat from Caubul, were sent home by the last steamer, though their contents were not made public here ; and your readers are therefore no doubt aware of the circumstances which attended the Envoy's attempted betrayal of the Aff ghan Chiefs. On this point, consequently, informa tion will be unnecessary; and it will suffice to con fine the present summary to events which have oc curred subsequently to the accounts transmitted to England on the 23d ult." General ENGLAND arrived at Candahar, and joined General NOTT on the 9th of May. The force there consisted of 10,000 fighting men, being the same num ber as at Jellalabad ; but they too were prevented from marching upon Caubul by the want of camels and stores. The Ghilzies had again attacked Khelat i-Ghilzie, in consequence of which Colonel WymEa, at the head of 5,000 men, was marching to attack them. On the 3d of June Calcutta was visited by a ter rific gale, which injured forty vessels in the Hooghley River. Many houses were thrown down, and great loss of property sustained. There were fears entertained that it would injure the indigo crop. The King of OUDE'S death, and the peaceable accession of his eldest son, SOOJAII JA II; to the throne, took place in May, and were speedily commu nicated to the Governor-General in Council. India has suffered greatly from cholera this season. When the last mail departed the pestilence was happily on the decline. At Kunachee 200 men in her MAJESTY'S service, most of them Sepoys, have fallen victims to it. The Corn-law Returns, published yesterday, show an average price of wheat for the six weeks of 645. 7d., which makes the duty still Bs. Already, however, the returns begin to feel the influence of the weather, and the average price of the week end ing the 30th of July was 635. 9d., being Is. 7d. less than the average price of the week ending the 234 of July. No further rise in average prices can, there fore, be looked for, and the holders of wheat must now decide whether they will introduce it at an Bs. duty or hold it over, with a chance of not being able to in troduce it, unless by paying a much higher rate of duty, for two or three years. We presume that they will decide on clearing a considerable quantity at the present rate of duty, and thus, under Sir R. PEEL'S Bill, the great importation of this year will be at the sum proposed by the Whigs as a fixed duty. There was an expectation that the average prices would reach a much higher figure, and wheat be im ported at a nominal duty. If Sir R. PEEL'S Bill have prevented this without adding a grain to cur supply, which we believe no person will assert, then its effect will be merely to enrich the Government, and impoverish the corn-dealers to the whole amount of the duty. It will have, however, to share the merit of this with the fine weather and the early harvest. There is no news of any interest in the French Journals. . Marshal GERARD has published an Order of the Day, dated August 1, in which he communicates to the National Guard of the Seine, the troops of the first military division, and those of the division extra muros, the following letter from the KING, dated Neuilly, July 31 : "My dear Marshal,—lf my lacerated heart could find some consolation in the, misfortune which overwhelms me, it would be in the conduct yesterday of the Na tional Guard, the army, an d th e population. I take pleasure in addressing myself to you, my dear Marshal, in order to make known to all how deeply I am im pressed with it—to you, whose feelings of long date for me and my beloved son, whose loss we weep, brought you to the spot where this terrible blow assailed me. My dear Marshal, your affectionate " LOUIS PHILIPPE." The number of persons who visited the cathedral of Notre Dame on Sunday is estimated at 60,000. One of the King's aides-dc-camp, two colonels, and two lieutenant-colonels from the National Guard and the army, two officers of the same rank from the navy, and two orderly officers of the King and Princes, are on duty round the body, remaining stationary in turns at the four corners of the catafalque, relieving each other every six hours. The number of visitors yes terday was certainly greater than on Sunday, and they consisted generally of well-dressed persons. The queue extended to the Quai aux Fleurs ; many were in it from five to six hours before they could reach the cathedral. The Augsburg Gazelle publishes a letter from Con stantinople, of July 13, containing the following : " In consequence of the combat which took place, near Bagdad, between the Turkish and Persian troops, the Porte had given orders to all the disposable troops in Syria to be directed ,to that point. Disturbances have broken out at Sophia and Nissa, and a reinfor,•einent is considered necessary. The Moniteur, of the 2d, publishes in its official part the following note : " His Excellency Lord Cowley, Ambassador of her Majesty the Queen of Great Britain, presented to the King. at a private audience yesterday at Neuilly, the reply of her Majesty to the notification of the death of the Prince Royal.' The Globe says it is authorised to declare that the party in the Chamber of Deputies, of which M. Dufaure and M. Passy are regarded as the leaders, will support the Ministry during the present session, as to the Regency question, whatever may be its course as to the questions which may arise in the next session. The Siecle says •' that the Members of the Centre and the Left.Centre, being infmmed of the resolution adopted at the meeting of the Tiers part, to support M. Dufaure as a candidate for the Presidency, have almost all sponta neously decided, that on the first ballot they would give their votes to M. Odillon Barrot, and on the second ballot, would unanimously give their votes to M. Dufaure, in opposition to the Ministerial candidate." According to the Courricr Francais, a report is spread that M. Dupin is to be appointed to draw up the report on the project of law on the Regency, and to support it , „ • ,•._ _•. • • oev , tcrx 1; , 10 1 .• C.J , ) Appl. , • ir If z ,Atit. THE FOURTH VOLUME OF MADAME D'ARBLAY'S DIARY AND LETTERS. IS NOW READY, embellished with a Portrait of Mrs. De lany, 'Tom the original at Hampton Court. Orders received by all Booksellers. Henry Co!burn, Publisher, 13, Great Marlborough-street. UNRIVALLED DISTRIBUTION T.-8,200 MONEY DIVIDENDS will be divided en 30th No vember next, amongst 8,200 selected Bonds of the Loan nego tiated in the year 1820, and guaranteed by the Government and his Royal Highfiess the GRAND DUKE of BADEN. Distribution at Carisruhe, the Metropolis of Baden, on 30th November next. 1 Dividend 50,000 Florins lO,OOO Florins I do. 25,000 " 1 do. 12,000 " 12,000 " 1 do. 10,000 " 1 do. 5,000 " .. 8 do. 1,000 " 8,000 " 10 do. 500 " 5,000 " 10 do. 200 " 200 do. 110 " 200 do. 105 " 467 do. 100 ~ 46,700 " 7,300 do. 94 " 8,200 Money Dividends, amounting to 892,900 Florins, cr 741,4001. Stetling Money. 8,200 selected Bonds, each of which obtains one of the above Dividends. Largest Dividend £4,166 13 4 Smallest Dividend £ 7 16 8 12 florins equal to £1 sterling, a trifle more or less, as per the day's exchange. All the Dividends payable without any deduction tobiteoter. Direct for the few Bonds which are still on sale, WITHOUT DELAY, to HEINE BROTHERS at HASIBURGH. Bonds are on sale now at £l2 10s. After 15th August, if not earlier, a higher rate will be established, since the stock does not suffice for the orders. Those who remit £l5 before a rise in price will have been established, will receive an order for the surplus of £2 10s., together with a warranted SELECTED Bond. To those whose order reaches us too late for being attended to, their remittance will be returned by first post. HEINE BROTHERS. Hamburgh, 26th July, 1842. THEATRE-ROYAL, ENGLISH OPERA-HOUSE. THIS EVENING, AUGUST 5. Will be presented LOST AND ' WON.—Leyton, Mr. Diddear ; Cotter ell, r. W. H. Bland ; Mistress Ley on, Miss Fauc t. After which, THE ILLUSTRIOUS STRANGER.—BowbeII, Mr. Harley; Azar, Mr. Barker; Nue, M s. Hughes. To be followed by the Musical Play of THE EXILE —Paton Al. tradoft, Mr. J. Bland ; Count Calmar, Mr. t arker ; PetrofFServitz, Mr. Harley ; Orman, Mr. J. Vining ; Alexina, Miss Faucit ; Cathe. lin-, Miss Murray To conclude with the New Burlesque • allet, called GB IZELLE I Characters by Signor Oxberrinl and Madlle. Louisotta Fairbro. tnerini. Boxes, 41. Pit, 28. Gallery, Is. Doors open at half-past Six ; commence at Seven; Halfprice, a Quarter before Nine. Private Boxes to be had of Mr. Grogan, at the Private Box.otfice ; and of Messrs. Andrews, Mitchell, Sams, and Bally, at their Libraries. ROYAL SURREY THEATRE. THIS EVENING, AUGUST 5. • Will be represented. Bishop's Opera of GUY A A NNERING Henry Bertram , Mr W. Harrison; Julia Manuering, Miss Romer; Lucy Bertram, Mrs. Serle After which, THE QUAKER.—Steady, Mr. Leffler. To conclude with THE ARTFUL DO miE.—Demosthenes Dodge, Mr. G. Wild. Places and Private 3oxes may bet ad of Mr. J. Kerschner, at the Box Office, 'from Eleven till Four daily. ROYAL SURREY ZOOLOGICAL GARDENS. The Nobility, Gentry, Subscribers, and the Public, are respectfully informed that ON MONDAYS, TUESDAYS, AND THURSDAYS, (RAND EVENING FETES will be given, in which will be em bodied all those popular Entertainments that have given to this favou_ rite place of recreation its peculiar celebrity, with additions and in troductions, which render them more generally attractive. The MENAGERIE has been enriched by many valuable and im i,ortant acquisitions in the classes of both Quadrupeds and Birds. Feeding Time Five o'clock. The Colossal VIEW OF ROME has been repainted, and in some instances remodelled, with a Mechanical 'fable .0 d'action, repre senting the Procession of the Papal Troops, Guards, and Roman Nobles, to the Castle of St. Angelo. Tha BAND includes some of the most eminent Performers, con. lucted by Mr. Godfrey, and the Programme of the PROAIEN ADES M iiSICA LES selected"( rom the noblest works of the great Masters. The I LLU MINATIONof ST. PETER'S, the CROSS of FIRE, and the GIR A NDOLA of ST. ANGELO, with all the gorgeous Spectacles and magnificent introductions that have called forth ac. clammations of delight'and admiration on each evening of their ex. hibition, terminating with the triumph of pyrotechnic splendour, the CASC kDE of BRILLIANT FIRE, SIX 1 Y FEET in height. The Gardens are open Daily from Ten till Dusk. The Evening Fetes, with the Promenades Musicales, Illumination of bt. Peter's, Girandola of St. Angelo, &c., will be given on Mondays, Tuesdays, Thursdays. Admission One Shilling. in the debate ; and that M. Sauzet is designed for an elevated post in the Cabinet. BOURSE.—Pears, TUESDAY, AUG. 2. First Highest Lowest Last Price. Price. Price. Price. French 5 per Cents.... 118 5... 118 5•.. 117 95... 117 93 3 per Cents 77 70... 77 80... 77 70... 77 80 Bank of France 3215 ...3215 ...3210 .. 3210 Laffitte Bank I,ooof 1025 ..1025 ...1025 ...1025 5,000 f 5030 ...5030 —.5030 —.5030 Belgianßank... ...... 775 ... 7 75 ... 775 ... 775 Belgian Fives lO2l ... 102 i ... 102 i ... 102 1840 10:31 ... 103 i ... 103 i ... 103 1 Spanish Active ' 4 2* ... 24 ... 22 ... 221 Neapolitan lO5 80... 105 80... 105 80... 105 80 Roman RAILWAY SHARES. St. Germain Bl5 ... 815 ... 815 ... 815 Versailles, 1i._13 ...... L.B 92 50... 92 50... 92 50... 92 50 Rouen Orleans. 555 ... 555 ... 552 50... 552 50 Strasburg to Bale 202 50... 202 50... 201 25... 202 50 SUMMARY OF NEWS AND titsbitic eptitton. " Who runs may read." FOREIGN. The Overland Mail, with news from China, India, Affghauistan, Tripoli, and Malta, arrived yesterday, The details will be found very interesting,:as given in an other part of The Sun. The Paris papers do not contain one word of news in teresting to an English reader. They are all occupied with a discussion that took place on Monday in the Chamber of Deputies relative to the election of a M. Pawels for Langres. This gentleman is charged with adopting, on a small scale, the English style of managing an election. H e did not venture on such bribery and corruption as we have lately had so many instances exposed in our House of Commons, but he sent his carriage for some of the electors to come to the poll ; he employed friends to canvass for him in the arrondissement, and he established a journal to wmite him up as a fit and proper candidate. Notwithstanding these sins, the majority of the bureau considered the election of M. Pawels as good and valid. The chamber, however, took a different view of the question. Under this impression a part of the chamber proposed that an inquiry should be ordered, but the Ministers and the ma jority of the bureau ebjected to this extreme course, and recommended that the questson should be adjourned fur further consideration. A rather violent discussion took place, but the result of the whole was that the Goveen rnent prevailed, and the case of M. Pawels was postponed for further consideration. PAILLI.A.MENTARY. In the House of Peers Lord Beaumont presented a petition from the Raja of Sattara, and announced his intention to bring forward a motion on the subject, were someth.ng nbt done in favour of the Raja. Several Bills were forwarded a stage by their Lordships, but not Lord Radnor's Bill for repealing the Corn-law. The Noble Earl moved the second reading, and sup ported his motion by a pithy speech. The Earl of Ripon moved that the Bill be read a aeaond time in six months. L ,rd Kinnaird supported the original motion, but the Earl of Ripon's amendment was carried without a di vision. We have now, we presume, had the last Corn-law debate of the session, and, chiefly in discussing that subject, the House sat till Nine o'Clock. In the Commons Mr. Mackinnon obtained leave to bring in a Bill to improve the health of towns by prohibiting the inter ment of bodies within them. Mr. Cowper supported the motion and no person opposed it. Sir Francis Burdett moved for a Committee to investigate the negotiations between the Government and Mr. Warner. Sir H. Douglas spoke against Mr. Warner's invention, and Droved that Mr. Warner had evaded giving to the public the proofs that he possessed the great secret of which he boasts. Mr. Brot.herton read a letter to prove that Mr. Warner had made the same promises at Oporto as here. Sir Robert Peel explained the course the Government had adopted, and opposed the motion. Sir F. Burdett pressed it to a division, when it was supported by 2, and rejected by 72. In reply to Mr. C. Buller, the Chancellor of the Exchequer said the Report of the Commissioners to inquire into the Ex chequer Bill affair was ready to be laid on the table, but he was not prepared to say, till he had read the Report, what measures he should take. Lord Ashley obtained an address to the Crown to direct the Commissioners of Mines further to inquire into the appren ticeships in them. A Bill was brought in by Sir J. Graham to confirm the incorporations of certain boroughs, and indemnify parties who may sustain loss. Mr. T. Duncombe moved an address to her Majesty to dis charge Mason, the Chartist lecturer, and others, at present confined in Stafford gaol. Sir J. Graham opposed the motion, which, after a short de bate, was lost. The House was counted out at a Quarter before Eleven on Mr. Hume's motion to lay Papers before Parliament concern ing the Raja of Sattara. IikONEY—TRADE—COMMERCE. Since the Royal proclamation of the 3d old une on the light gold currency, the Bank has received between 4,000,0001. and 5,000,000/. sterling of light sovereigns. and half-sovereigns (of the reigns of Geo. 111. and IV., and Will. IV.), all of which were placed in the Bullion office as condemned, and are not to be re-issued to the public until re-coined and of full weight. During the last month there have been eight steau -presses daily at work at the Mint to supply the deficiency thus caused in the gold currency. iiccz.zsx.AsTran.z. Dr. Hannah, Theological. Tutor of the College at Roston, has been • elected President of the Wesleyan Conference : there were seven candidates. ELECTIOIVEERIT.II G. A serious affray took place on Wednesday at Notting ham between the partisans of the election candidates— Air. Rayner Stephens, who advocates the cause of Mr. Walter, and Feargus O'Connor. - Warrants have since beet) procured from the Magistrates against the latter, on the grounds of affray and assault, and the cases will be brought on immediately after the nomination. PUBLIC IMPROVEMENTS. At a meeting of the members of the Metropolitan Im provement Society, held on Saturday in Covent-garden, among other statements in the report, attention was directed to the naming and numbering of streets. In some streets it not unfrequently happens that there are five houses with the same number ; while in the com mercial part of the metropolis there are no fewer than 28 King-streets, 20 Queen-streets, 26 Charles-streets, 25 Church-streets, 20 George-streets, and 23 John streets. LAW AND POLICE. William Powell, aged 27, and his mother, a decrepid woman of 72, were tried on Tuesday, at the Hereford Assizes, charged with the wilful murder of his aunt and her sister, Lucy Parker. Death appeared from the evi , .dence to have resulted from bruises dealt in a scuffle be tween the parties. The female prisoner was acquitted, but the male prisoner was convicted of felony, and sen tenced to transportation for life. The action of Hunt v. Helps, in which the plaintiff sought to recover the sum of 2,0001. from the defendant, who is secretary to the British Fire-office, upon an as surance to that amount effected upon his property by the plaintiff, was on Tuesday decided at the Guildford Assizes. The defendant by his pleas admitted that the policy had been effected, but he alleged that a fraudulent claim had been made by the plaintiff on the office, and also that the premises had been wilfully destroyed either by the hand of plaintiff or his connivance. The judgment was, that arson could not be made out, and a verdict was entered for the defendant on the two first issues, and for the piaintiff on the third. The Rev. Stephen Aldhouse, late lecturer of All- Hallows, in the City, was charged with bigamy at the Wandsworth Police-office on Wednesday. The Magistrate considered sufficient evidence had been produced to re mand the prisoner upon, and he vk as required to enter into recognizance and sureties for his re-appearance on Saturday. SPORTING. The race for tho silver sculls, constituting the cham pionship of the Thames, first instituted in the year 1831, was rowed for on Wednesday, between Mr. Wallace and Mr. Chapman, the rowers in former years, and won by the latter. COURT-FASHIONABLE. Lord Foley gave a large dinner party on Wednesday at his house in Grosvenor-square. 7'he Duke and Duchess of Northumberland intend to remain at Siou House until the first week in September. The Duke of Richmond left Portland-place, by the railway, on Saturday last, fur Gordon Castle, in the Highlands. The Earl of Aboyne has left town for Orton Hall, near Peterborough. :VIISCEZZA.NEOTIS. A quantity of massive silver sacramental plate, which is supposed to have been concealed since the period of the civil wars in the 17th century, Las just been dis covered at Norfolk House by the workmen employed in embellishing that mansion. Lewes Gaol is at present dreadfully crowded : in the female department, fifty-three women prisoners and seven children are pent up in only 18 cells. The official copy of the depositions taken before the Privy Council of the evidence adduced against John Bean, the prisoner now confined in Newgate for the supposed attempt on the Queen's life, has been published. The prisoner has not been committed on a charge of attempting to shoot the Queen. His commitment is for a misdemeanor, and it is believed that the Law Officers of the Crown will resort to the provisions of the statute of Edward 111., which provides against persons appear.• ing before the Sovereign armed, under pain of fine and imprisonment. A fracas took place at a meeting at Limehouse on Tuesday evening►, held relative to the management of the parochial schools of the parish, between George Frederick Young, Esq., late M.P. for Teignmouth, a Magistrate for the county of Middlesex, and Black, Esq., a gentleman of considerable property at Limehouse. Mr. Black used an expression which Mr. Young called on him to retract, and on his refusing to do so, the latter gentleman placed a cane on his shoulders, and giving him a slight tap, told him to consider himself caned. Mr. Baker, the Coroner tar Middlesex, who was present, apprehensive of consequences, immediately attended at Lambeth-street, upon which the Magistrate sent for Mr. Young, and bound over that gentleman im mediately in a sum of 100/., and two sureties of .500 L each to keep the peace. "Mi. Black I,as not been heard a, but has not yet sent any hostile communication. THE 'HAGUE, AUGUST I.—lt seems that the house of Baron Van Steckereen has not been purchased by the Court of Nassau, but by his Majksty William 11. It is said, however, that it is presented to the Princess So phia. We are happy to learn that her Royal Highness will continue to reside here after her marriage. EAST INDIAN MAlL.—Letters intended to be for warded by the overland route will be posted to-day, ; s the Post-office expresses that " the mails for India, Egypt, &c., via Marseilles, will be despatched heuce oil the 4th Dist." (trials day` . COURT CIRCULAR. Wninsort, THURSDAY. —The Queen, and Prince Alb and the Hereditary Prince and Princess of Si;e Csb o Gotha enjoyed their accustomed walk in the forenoen,and Prince of Wales and the Princess Royal were taken as usual. The Queen Dowager attended Divine Service this moan in St. George's Chapel Royal. The Countess of Shell and the Honourable William Ashley, were in Waiting ea Majesty. The Rev. W. C. Knyvett officiated. In the di noon the Queen, the Queen Dowager, the Duchess of Kt and the Princess of Saxe Coburg, in one carriage, left, Castle for a drive in the Great Park and the Forest dry' followed by the Viscountess Jocelyn, the Countess of Shels and the Maids of Honour in another carriage ; Prince Al b the Prince o f S axe C o b urg , E ar l o f Aberdeen, Lord Joce Colonel Wyllie, and Captain Hood riding on horseback. Her Royal Highness the Duchess of Kent, Lady Chat! Dundas, Lord and Lady Haddo, and Hon. Henry and Ashley, will join the Royal Dinner party this evening. His Royal Highness the Duke of Cambridge, a rrited Cambridge House on W e d nes d a y even i ng f rom hi s reticl e ' at Kew. His Royal Highness returned to Kew yesterti* Captain Allen had an interview with Lord StanleyOe' le day, at the Colonial-office. Mr. Dehany, Solicitor to the Excise, had an interview the Chancellor of the Excht quer, yesterday, at his officia l r sidence, in Downing-street. The Bralitian Minister transacted business, yesterdays I t Foreign-office. Mr. Walker had an interview with Lord Stanley, at the lonial-office, yesterday. MONEY and COMMERCIAL NEI' CITY, THURSDAY EYERII O The intelligence from India, and the abu n d ance of continuing far beyond what the market can cons° the prices of funds have been maintained at a further odt, beyond those of yesterd a y. C onso l s l e ft o ff a t 91/ f o r Alol'j and 911 92 for the Account. Bank Stock, 1701 1711; 11 0, Steck, 249% 2501; India Bonds, 35 ; Exchequer Bills, 0' 52 54; New, 50 52 prem. The prices of Foreign Securities were—Belgian, 102 1 41 d Dutch Two-and-a-Half per C en t s ., 51i 52 ; t h e File Cents., 1011 102; Danish, 82i 83; and Braailian,64 Mexican has not been noticed to-day. The Share Market exhibited rather more activity—De r and Birmingham were 180 182; Birmingham and Glou' i - 4 , ter, 47 49 ; Great Western, 894 901 ; th e H a lf -Shy 64% 65%; South Western, 62 63; North Midl an d, bt; the New Shares, 29 30; South Eastern and Dover, 221 P ) , 4 1 ; Eastern Counties, 8i- 9* • Northern and Eastern, 40 4 Blackwall, 991 ; and Brighton, 346 34j; per share. 41; • The quotations for the Bonds were—Colombian 2011 , Peruvian, 151 16/ ; Portuguese Fi ve p er C ents ., 33i 33 ii; the Three per Cents., 191 20 ; Spanish Five per Ce n t s ' the Three per Cents, 201. tbe The commercial accounts from India are viewed as r°/, unfavourable. Prices of import s are state d to have clecii? while those for country produce, on the contrary, lnlye vanced. The natural consequence of this will be to cZ demand for specie for political purposes, and therefore s r7O, tion in our present stock. The shipments of silver to have of late been large, and had they been followed 4)1 drain from the Continent, which happily the prospect Of harvest has prevented, the effect might have been serieo l /0 Some stress appears to be laid upon the fact of rate of freight from Bombay, at which place it it 414,0 14s. per ton, and then difficult to be procured. It remembrance when goods were brought home at 105. F r .," and a rate so low that Captains would not take it, l o , much as it would not pay ordinary wear and tear. This il„al tremely disheartening for the shipping interests, but as It Pei be remembered that as the bulk uf pruduce shipped NO ir place consists of cotton, which description is rapidly risiOLp favour in this country, the low price at which it will be ernas' e s be sold, will prove a proportionate benefit to the manufactul (From The Sun of Last Night.) ei' The funds have fully maintained the adv a nce of ti e , terday, and some extensive purchases h ave b e en 113P- e i, Consuls have risen to 92, but are now 91191* for W e d, and 911 92, fur the Account; Thr e e per Cen t s. Rechl, ; 91* 92 ; Three and-a-Halt per Cents. R e d uc ed, l i vj New Three-and-a-half per Cents., 1001 1001 ; Stock, 170 - 171 i ; India Stock, 2491 251; Exclielt Bills, Old, 52 54 ; New, 50 52 prem. r sole' Business in Foreign Securities has con s isted o f t o in Dutch Two-and-a .Half per Cents. at 51i 511' Five per Cents., 101 1014 ; and Belgian, 1021. %j os The Share Market has been steady. The transac ti ; have included—Great Western, 90, the New shar l 4 Eastern Counties, 8i ; New, Cl. 6s. 8d ; Brighton; 34 1 y; the New Shares, 101. 2 1 i The bonds quoted to-day are Colombian, Spanish Five per Cents, 211 ; the Three per Centst MANCHESTER STOCK EXCHANGE, AUG. 3. --- .Apfil amount of business has been done to-day. 1 9 10 .4 0 , Bank Shares are in good demand at improving P" S ic The undermentioned sales have been recorded Chester and Birmingham, 28 ; Manchester and 1p 77 ; Ditto, Halves, 334 ; Ditto Quarter, 4*; Sh e and Manchester, 32 ; Eastern Counties, New, 32.; D III° Debentures, 10 1-3. CLOSING PRICES. BRITISH FUNDS 0 , Bank Stack - 0 3 per Cent. Red. ........ 921 Ditto Bo n d s .......«••• °'' nrl, 3 per Cent. C0n5..... 9ll I Ditto Old Annuities ... 3i per Cent. Red.........101i ;Ditto New Annuities • Pot New 3i per Cent... ...... 100 i 'Ex. Bill s , 1,000/....2d • b" r o t New 5 per Cen. Ditto 500/... •• • ~1,1 2 Long Annuities to expire Ditto Small .• " Jan. 1860 ... ...... 14 Bank Stock for Acct... --- Oct 1t 1 59 - -", Jan. 1860 ,14 Consols for Acct. ... •.. 912 FOREIGN FUNDS. b r cent- '— Austrian, 5 per cent. ... Portu gues e, Pe- ..- Belgian, 5 per cent lO4 Ditto, New Ditto .••••••" Brazilian Bonds... 641 Prussian, 5 per cen t. ..• = Buenos Ayres6 per cent. Russian , pet cent Chilian, 6 per cent. — ,Ditt o , Metallic ..... .. Colombian, 6 per cent... Spanish, ' 6 per cent 91 Ditto, 1824 — Ditto, Deferred.... .. . Danish, 3 per cent B2fr French, .5 per cent. —f. ,--- Greek, 1825, 5 per cent — I Exchange ..... —f --4. . Mexican, 5 per cent — ;French, 3 p er cen t. — f. - Ditto, 6 per cent. 11537 !Dutch, 4 cent........ per nt. ..... . • ° „1 II Peruvian, 182 . 5, 6 per et. ; Ditto, 5 per ce n t, . ... 10 , s SHARES. Eastern Counties Railway (23 paid) .... 9b ,A Ditto New Shares ( paid) ... Edinburgh and Glasgow (50 paid) ...... ... 43 Great Western Railway. (65 paid) Ditto New Shares ( 50 paid) 64 Ditto Fifth (4 paid) London and Brighton (50 paid) Ditto Loan Notes (10 paid) Manchester and Birmingham (40 paid) ..... 28 Northern and Eastern (45 paid) North Midland Railway (100) South Eastern and Dover (50 paid) 231 Ditto Scrip. (10 paid) HAMBURGH BUNSEN HALLL, Amt.' 00. Austrian 5 per Cents. ... Bank Shares :63 1 :3 91 1 0% :d 629... 0" 4. . Anglo. Russian Loan lt;9;4 ,lei s i Russian 5 Der Cent., Ist series, Certificate lO3 M a, ' Inscription, Ist series lt3 Russian 5 per Cent. Hope and Co., 3d and 4th Series 99 1 " Ditto in Certificates 9754 New 4 per Lent. ( 13 40) B9 SOU Dutch Actual Debt, 2% per Cent. . ....... Ditto a per Cent. Polish Bonds ...- New Tickets ........ ..... 11;8 --. Anglo-Danish Loan, 3 per Cent 79 " 4 Svanish, New sp. .r Cents HAMBUR44 MARKETS. GLIAIN. Wheat. I%l2tke 3 2 t' 45 Barley 0 Mecklenburgh 1;10 --- • 6 8 to j,t Magdeburg .... ;•48 to 480 -- 51agdeburgh. — 1 ----- Anhalt, wriut 396 io 480 -- —.. Holstein red ...:+4B ,„ to 462 --- Oderbruck /65 " 15 5 -- Brunswick 3;2 t. 450 Oats, Eider --Mecklenburg.. 1!36 to 450-- Mecklenburg - - Polish 420 to 51t -- Holstein 156 " 0 180 -- Holstein Rye, Mecklenburg .... 240 to 27J 1 P oase , M ec kl en b urg -- Marks 2su to 2731Beans__ _ t'itl "10 Elbing and Kt). Buck Wheat 2 ,31 too nigsburg ..... 180 to 195 Rapeseed, Hanover -- Pomeranian lBO to 195 Malt Anhsit ........... CUTIUN. 60 Carolina and Tennessee 7 , 4 to 9% Marrnham SSY S Georgia. Ist sott 73.i 7% Madras 4 3 4 44 2d 6 ,4 6% Suiati 3% 3d and 4th ... 4A. 0 Domingo ...... Oa COFFEE. ,d4O Noels i'3 to 134 , . Domingo 311 -'6% ... Batavia q 53, Sumatra Rio 2 1 Bahia ‘2.31 5%1 SUGAR.— (Wit! Havannah, White sAto 73, Brown 3% Rio, White 5 7 BrPwit . 23 1 14 Manilla, Browi L. Guiyra. 4 6 4 Porto ttico 434 0 ilavannah 4... 01 i 8% Discount.) , i% /lama White 5 10,4 Brown 3% 6 Pernambuco, White 4% O Brown „ 3 'ii. 414 to 4% The cost of the preparations at the Cathedral °l , Notre Dame for the funeral of the Duke of Orleans t . estimated, says the Notional, at 150,000 f. Tits ; LATE THUNDER STORM.—A curi o us .nc.,. ;A e occurred in a crowd ; the finger of an individuality!' denly became light, and was conducted with electriP t , velocity into another perso n 's p oc k e t, wh e n, being i s 'a tructed by the metal, it struck upon the who.e of it, ay i then glided off, so that the bolt which usually folloY" was quite in another direction.—Punch. e THE HAGUE, AUGUST I.—lt is said th a t t h e hoe s in the Noordiende, which belong e d t o t h e l ate CotalP,, tee of State Visser, has been purchased by his Ma.le s Z King William 11., a nd th at i t i s i ntended for the re—': dence of Prince Henry. Lord Darnley, Count Reventlow, and Major Ste' phens embarked at the Tower on Wednesday morta l : 6 f In the mail packet Neptune, Captain Whittinghanl, fo Hamburgh. It was said of a lady, who had just completed he r fourth decad e , an d w h o pl a y e d ver y l ou dl y on t h e pian°,.' while she nev er a ll u d e d t o h er age except i n a whisPe,' that she was forte up o n h er pi ano , b u t pi ano u pon 1 1 " forty. Mr. W. Edwards, member of the Academy of Ain, ral and political Sci e n c es, died on S a t ur d ay at h i s coy"' try house near Versailles. Nearly all the Municipal Councils which had votes funds fur the celebration of the Fetes ofJuly have decide d that they shall be appropriated to works of chstrity, memory of the Duke of Orleans. BIRTHS. On the 27th ult., in Cadogan-place, the lady of W. 14 ' Bridger; Esq., of a daughter. On the Ist ir,st., at Rochester, the lady of Sir Gaspard LC Marchant, K. C. S. E., &c., Lieutenant-Colonel coznmandiug the 99th Regiment, of a daughter. n tin the let inst., the lady of E. P e py s , E sq ., of Up p e r Harley-street, of a sen. On the 2d inst., at Cambridge- s q uare , H y d e -p ar k, the 1 01 1 of George Wilde, Esq., of a daughter. On 'he 3d inst., in Great James -street, the lady of Sam uel H. 'l'. Hayne, E,q., of a daughter. dI.4RRIED. On the 2d inst., at St. Giles's, Northampton, the Rev. Jam e s Thomab Broitne, o f Brampton, Hunt., to Sarah Blizabel eldest daughter of Major-General Greenstreet, of the Ea st India Company's Service. At the same time, Henry Ph"' second son o. Major-General Grrenstreet, to Anna Diana' second daughter of the late Rev. W. M. Al'Quire. of Liverpe" D IE D. On the 3d ult., at Genoa, John Smirnove, Esq., Russian Consul-General in that city. On the lit inst., at Gosport, Samuel Triscott. Escl late °f her Alajeety's Victualling-yard, Deptford, aged 77. London: Printed and Published b}• MURDO YOUNG, ° I No. 112, Strand, at The Sun (Ace, No. 112, Strand, o the County of Middlesex, 'Friday, August 5,1642, TE • .tla Mr Star Fal fel! An Cit fru' Qu hal 'lie IV