The Sun. — London, England, 1861-01-16 00:00:00

TILL NA VY. Admiral Sir M. Seymour, K.C.8., and M.P. for Devonport, had an interview yesterday in the dock yard with Rear-Admiral Sir T. Pasley, the Admi ral Superintendent. Port-Admiral Sir H. Stewart, K.C.8., was to entertain a large and distinguished party at Mount Wise, Devonport, yesterday evening, when it was expected that H.R.H. Prince Alfred would be pre sent. The soiling brig Liberty, 12, at Devonport, has had a new topgallant forecastle, and is othervirise fitting to do the duty of the iaval apprentice brig Nautilus, 6, Lieut. B. Grant, which is stripped. The fore foot and false keel of the screw steam ship Hero, 91, Captain Ryder, in Keyham steam yard, has been replaced, and she will be ready in a few days for removal. The naval transport Diligence, J. Head master, is loading at Plymouth, for Pembroke dockyard. Captain Arthur Jerningham, of the gunnery ship Cambrian, 42, in Hameaze, was conveyed yesterday in the gunboat Redwing to the Sound, where he inspected the screw steam corvette Satellite, 21, Captain Prevost, which would go into harbour in the evening if the weather permitted. The old gun-brig Rover, laden with a large quantity of electric cable from the stranded iron steamship Queen Victoria, in Barn Pool, is now lying off Keyham. Her Majesty's iron paddlewheel steamer Triton, Lieutenant and Commander H. Burton, from the West Coast of Africa, is ordered to be paid off at Woolwich on Saturday next. The successful ser vices of the Triton in capturing six valuable prizes freighted with human traffic will Put the officers and crew in possession of various sums of money, independently of their ordinary pay, in the follow ing ratio—namely, about £1,500 commander's share; from £3OO to £4OO to each of the commis sioned officers, and a proportionate bounty to each of the warrant officers, men, and boys belonging to the ship. The Triton has held her present commis sion three years and three months, during which time no exchange of officers has taken place, with the exception of the paymaster, appointed in lieu of an assistant paymaster in charge. It has been stated, as a fact deserving of record, that seldom has a ship returned from foreign service to the port whence she was commissioned in a more orderly condition, and with greater unanimity, extending to every class on board. Hence her designation, " The happy Triton." The severity of the frost, aided by a strong northerly wind, has now cut off the usual means of communication with the ships lying in ordinary at Woolwieh from the shore. Yesterday the commu nication from the dockyard to the Salsette, receiv ing bulk, was safely effected on the solid ice on foot; and the heavy masses of drifting ice, some 5 and 6 feet in depth, which rose and fell with the ebb and flow of the tide, have now rendered it im possible for the passage of a boat without consider able danger. The dredging machine commonly in use between the pier and the jetty at the Royal Arsenal, extending to the bed of the river, has ceased work for fire days past, on account of the frozen state of that part of the river, which resem bles air inland lake ; and many persons have ven tured to skate and slide thereon, without widest, between tides. Capt. Charlewood has resigned the command of the Pembroke, 60, now lying at Harwich, to Capt. Patey. Capt. Charlewood, it is stated, retires from the service. A court-martial will be held on Monday next, the 21st inst., for the trial of Mr. George Jeffreys, late paymaster of the steam sloops Salamander and Vixen, for neglect of duty. The following appointments were made yesterday at the Admiralty :—Edwin Pearce, second■class assist.-engineer, to the Asia for the Snapper; Alex ander Purvis, third-class assist.-engineer, to the Bulldog; Robert Goodwin, acting third-class assist.- engineer, to the Asia, as supernumerary; Thomas Hunteraacting third-class assist.• engineer, to the Indus, for service in the Avon; John B. Swann, paymaster, additional, to the Colossus; and Edmund B. Walker, paymaster additional, to the Indus. THE ARMY. Tho new barracks proposed to be erected at Col chester will provide accommodation for two batteries of artillery, a regiment of cavalry, and a regiment of infantry, or in all about 3,300 men. The entire force of Chatham garrison wes on Monday engaged in the second of the series of extensive strategical operations in the district sur rounding the garrison, the plan and details of which were laid down some time since by Major-Gen. Eyre, in command of the troops at Chatham. The whole of the details laid down were carried into effect under the direction of the commanding officers of the various divisions employed in the operations, the troops returning to their quarters in the after noon. By special direction of Major-Gen. Eyre the officers who took part in the strategical operations effected are to draw up a report of the nature of the details executed, as well as a military description of the country occupied by the troops, which is to be forwarded by them to the Major-General. No. 1 battery of the Ist Brigade of Royal Artil lery, under orders for Gibraltar, was yesterday supplied with Armstrong guns and wagons, ready packed for embarkation. NAVAL COURT MARTIAL. THE COSSACK. The Court reassembled on board H.M.S. Victory yesterday morning, and immediately proceeded with the examination of witnesses. After the despatch of our parcel from Portsmouth on Monday evening Mr. IL C. Russell, surgeon of the Cossack, was examined by the Court, and deposed to having seen Smith on the capstan, but did not see him lashed. Smith had made no complaint to him of any injury he had received in consequence of his being placed on the capstan. Yesterday morning the first witness called was Mr. It. Jones, additional boatswain on board the Cossack, who deposed to having kept the morning watch when Smith was placed on the capstan. Smith said he could not and would not stand. A bowline was passed round his waist, but it was merely to prevent him continually sitting down. Heard nothing of the second charge; and, with regard to the third charge, heard Smith ask the captain to try him by a court-martial. Thomas James deposed—l am captain of the forecastle on board the Cossack. Saw Isaiah Smith standing on the capstan, but knew nothing further respecting it. Saw no lashing on hi m . Thomas Power, seaman, deposed—One day at sea, when about to hoist the topsails, I bad the foretopsail halliards in my hand and was facing aft. Saw Smith with his violin in his hand, and he com menced playing at the word given to hoist the top sails, when I heard Capt. Moorman sing out" Stop! get on the capstan; " to which Smith replied, with a shake of the h ea d, " I can't, sir." Capt. Moorman then said to the people on the quarterdeck, " Get hold , of him and put him on." Several marines took hold of Smith and put him on the capstan, where he stood up. Went forward to my station to com plete making sail, and, on watch being called, went below. Saw Smith afterwards in irons in the cock pit previous to his being disrated. Saw him in irons not more than once. Knew of no reason for Smith being ordered on the capstan by the captain when about to play. His manner when ordered to get on the capstan, and when he told Capt. Moorman he could not, to me appeared to be nothing but downhearted.' After this saw him in irons. After Capt. Moorman read the warrant on the following morning Smith spoke to the captain, but witness did not hear the words. Heard the captain say, " dozen, and then a Court-martial." Samuel Surridge, captain of the afterguard, de posed—After divisions saw Smith standing on the capstan with a bowline knot round bim and up to the raizenstay. The whip was not taut. George Laskey, captain of the mizen top, deposed — Remembered the order being given by Captain Moorman for Smith to stand up on the capstan. He was lifted on by marines, but slipped off again. An order Val then given to trice him up, and the afterguard's watch-tackle was brought, and a tail block made fast to the mizenstay. A marine named Manning pas se d the end of th e fall under Smith's arms to make a bowline of it, but he (Manning) said " I am no sail or ," and one of the afterguard took the end of the fall from him and completed the bowline. Smith was " lighted" up on the cap stan by the marines, some of them taking in the slack of the fall. Smith had his dinner on the cap- stan that day, and steadied his basin between his Lieut. Edward Barkley, senior lieutenant of the Cossack. was next examined—On the 27th of April last Captain Moorman, in going his daily rounds found some bananas in a store-room, contrary to his orders, and he sent the yeoman, Isiiah- Smith, with orders to me to place him on the capstan. The captain himself came on deek shortly after wards, and the man not being on the capstan, he ordered him to get up there, but the man refused. I was directed by the captain to call the marines.to place him there. When there he would not stand, and to compel him to do so a whip was got on the mizenstay, with a bowline in it, placed round him tinder his arms, and when he \ -vps lifted up in a standing position a turn was taken with it, leaving sufficient slack to move about, and not sit down. The were hung round his neck, and orders forb bananas a hi:' 'i were given out by Capt. Moorman to keep the man there sitting on hour and standing the next, until he stood of his o ls accord, when he was to be allowed to come down. About 4 in the afternoon ho was released, on conciYing with the orders. Capt. Moorman then gave ms. ., orders that when the hands were on the deck the fithiler should be sta tioned on the capstan. The fiddler' (Isaiah Smith) was not placed in irons that night, vier on any occasion on bread and water. With rehe'rence to the second charge, on or about the 30th or April the hands were on deck making sail, and with,'" was carrying on the duty on the bridge. Sent for the fiddler, and ordered him to play on the capstan. He said he could not, but seeing no reason why he should not, the order was repeated, when he replied he would not in so mutinous and insubordinate a manner that witness went to Capt. 'Moorman and reported to him the circumstances. The captain then came on deck, and -ordered the man up on the capstan himself, and on his again refusing ordered him to be put in irons, which was done with one leg. After some further evidence for the prosecution the Court closed for half an hour. On its being reopened the Judge Advocate notified to theprisoner that the Court would allow him to give his defence as he had requested. Capt. Moorman, in addressing the Court, said he wa s placed under the peculiar circumstances of being tried under such serious charges as cruelty, oppression, and unofficerlike conduct, with their consequent heavy penalties, if proved. The captains of her Majesty's vessels were always liable to similar charges. He must support his officers. He found orders disregarded by the man Smith and set at nought on the subject of cleanliness at a time when a disease (ulcers) was raging in the ship and no cause could be assigned for it. Admiralty instructions directed that musicians and others of that class should not take first-class petty officers' m ilitary rank. He treated this case with ridicule, and believed it to be the best course to pursue under the circum stances. It had been proved by the evidence that Smith had been cautioned not to place decaying matter in the storeroom. It had also been proved that while on the capstan he could stand in an easy manner, and that the rope could be no restraint upon him, nor was the ship rolling in a manner to make his position at all uncomfortable, much less dangerous. It had also been clearly proved that his forbearance to the plaintiff was such that he was told to comply with the first order and he would be forgiven. The man's laughing conduct when on the capstan proved he was in no pain or danger. Mr. Rassell, the surgeon of the ship, had told the Court that he never knew Smith had been lashed up, neither did Smith ever come to him and make any complaint of the injury he had stated to the Court he had received by being suspended. All the witnesses who had been called had spoken to the man Smith not having been swinging about. With regard to the expressions " dozen, and then a court martial," spoken to by the witness, the evidence of the senior lieutenant of the ship quite sufficiently disposed of them. He was net disposed to be bearded by a character like the man Smith, and, had he committed himself again, he would have punished him after so well-meant a caution. The man Smith, as proved by Lieutenant Barkley's evi dence, was not systematically persecuted from the 27th of April to the lit of May. The capstan affair was over by 4 o'clock on the first day. The standing bowline placed round smith's body was only placed there to make him stand where ordered, and had perfect play from his loins to his armpits. On the occasion of the man Smith's desertion he might have said, " Thank God! the fellow is gone ;" but he took a different course, and his duty to his profession compelled him to endeavour to capture the deserter and hand him over to punishment, which he succeeded in doing. This was all that had subjected him (the prisoner) to the degrading in dignity of being sent home from a foreign station for trial by a court-martial on such false and un founded charges. Captain Moorman, after expres sing in strong and indignant terms his feelings at being placed before the Court on such malignant charges, concluded by leaving his case in the hands of the ourt, and expressing his confidence in their full acquittal and exoneration. Witnesses were then called for the defence. Lieut; Keppell corroborated Lieut. Barkley's evidence in most of its points, and stated that the conduct and bearing of Capt. Moorman (the pri soner) towards Isaiah Smith was during the time to which the present charge referred of a most for bearing and lenient character. Lieut. Shaw was called, and gave similar evi dence to Lieut. Keppell's, end to the same effect, as to Capt. Moorman's forbearance to the man Smith. Mr. Freeman, gunner of the ship, gave similar evidence. The Court then closed to consider the evidence and their finding. After a short time the Court reopened, and their finding was read by the Deputy-Judge-Advocate, to the effect that, the Court found the three charges not proved, and honourably Acquitted the pri soner. The Court could not separate without pro perly noticing the gross disregard for truth shown by the witness Isaiah Smith. The President, addressing Capt. Moorman, said— Capt. Moorman, I have much pleasure in handing you your sword. Tice proceedings then terminated. LOSS OF THE PRINCE ALFRED, LON DON AND LEITH STEAMER. The Prince Alfred, London and Leith screw steam ship has been totally lost a few miles to the north ward of Flamborough Head, and, fortunately, the whole of her passengers and crew were saved. The illfated steamer left Leith in the early part of Saturday for the Thames, having on board some thirty passengers and a general cargo of merchandise. She was pursuing her voyage early on Sunday morning off Flamborough, when thick weather was encountered, and the unfortunate vessel went ashore some three or four miles to the northward of that prominent headland. Most for tunately there was not much wind or sea on, and the boats being lowered the passengers were all safely landed. The most prompt measures were then taken to savo as much as possible of her cargo. A large quantity of dead meat was got ashore, but the ship having bilged, she gradually filled. In the course of Monday night the wind and sea got up very high, making right over the wreck, and yesterday (Tuesday) morning she was telegraphed to have broken up and disappeared. The Prince Alfred was nearly a new steamer, and was a favourite on the station. The coast in the vicinity of the wreck is reported to be strewn with her cargo, which has been taken charge of by the coast guard of the district. SIX MINIMS SUFFOCATED.—The Birmingham Post reports a serious mining catastrophe. It appears that on Tuesday night the men engaged at the Blue Pit, Wyr - ley-common, in the parish of Ogley Hay, went down to work, and amongst the number were four, named James Cooper, aged 26 ; Thomas Craddiek, 37 ; John Cooper, 30 and Charles Coledrake, 41; together with two boys, named Emmanuel Millington, 11 ; and Levi Craddiek, 11. From some eausect present unexplained a quantity of smoke from an adjoining pit found its way into that part of the pit in which the poor fellows were working, and on the butties going down the pit at five o'clock on Wednesday morning, they found the whole of the miners quite dead, death evi dently having been caused by suffocation in consequence of the smoke from the adjoining pit. [ADVERTISEMENT.] Pills and, medicine invariably ag gravate and perpetuate diseases; their annoyance, dis appointment, and expense may be avoided by persons in indifferent health sending only their. address to E. S. Barry, Esq., 77, Regent-street, W., London, and they will receive gratis and free by post the "ThvAnios' Own GUIDE," or Natural Restorer, without medicine or ex rnse, of perfect digestion, strong nerve's, sound lungs, and refreshing sleep, to the most enfeebled, insuring the removal of indigestion (dyspepsia), constipation, liver complaints. nausea, epilepsy, paralysis, debility, nervousness, palpitation, cough, asthma, consumption, dropsy, flatulency, diarrhoea, dysentery, biliousness, fevers, sore throats, catarrhs, colds, noises in the ears. rheumatism, gout, impurities, eruptions, hysteria, neuralgia, irritability, sleeplessness, acidity, palpi tation, heartburn, headache, despondency, cramps, spasms, sinking, fits, bronchitis — "Unouestionably the safest Guide to h alth." [ADvEnTisßmENT.]—Holloway' s Pills and Ointment — Assurance against Disease.—Who would barter health for wealth ? Yet strange is it that while men pay immensely for the assurance of their property, they grudge a few shillings for the preservation of their health I By their policy they are freed from fear of loss by fire, by the pos. session of Holloway's remedies they may be secured against sufferings by disease. Let all avail themselves of these unfailing and inexpensive safeguards. They cannot hurt ; they must be salutary in any disease and under any circumstances. Holloway's Pills strengthen-the stomach, prevent flatulency, purify the blood, and invigorate the nerves ; Holloway's:Ointment soothes and heals external ailments. This valuable policy of assurance against disease should be promptly purcuasea. THE se'N, LONDON, WEDNESDAY EVENING, JANUARY 16, 1861.1 LAW IiVT.ELLIGENCE.—Jan. 15. COURT;QF CitiEEIT'S BENCH. IN RE WILLIAM COBEETT. The indefatigable Mrs. Cobbett appeared again in court to-day and applied to their lordships for a writ of habeas corpus to bring up the body of her husband, a prisoner in the Queen's Bench prison, that he might show cause why en order made by Mr. Justice Hill should be set aside, on the ground that it was made contrary to law. It was a very extraordinary proceeding calling on the plaintiff, her husband, to show cause why he should not amend the pleas in the record, on the ground of irregularity. She humbly submitted that there was no irregularity in the proceedings of the plaintiff, and that the order should he treated as a nullity. She now moved on an affidavit made by her husband, who, as he read the act of Parlia ment, discovered that the learned judge had no power either himself to amend the record, or to direct it, in the circumstances set forth in the affi davit, to be amended as he liad. She had given notice to the learned judge to bring the plaintiff before him, but he refused. When the summons was taken out the learned judge seemed to be of opinion that the ca. sa. was preceded by a judg ment ; but her husband since discovered that it was not, and that no judgment had issued to war rant it ; that the proceeding was therefore irregu lar, and that the learned judge on discovering that was bound to discharge him out of custody and t. -sstore him to his liberty. Mr. Chitty, who ap pe,:ed for the defendants in the action, the trustees of the u u pike roads, was astounded when sh e s h owe d judge that judgment did no t prece d e and the whole p rocee di ng was b a d , n his hair in passion. (L aug ht er. ) Th e questioncta l y ) th t e i r ce L a l . r ,: sk a e lordships had now t o t ry was, a tore their whether a judgment preceded the ca. sa. She con tended that the net of amendment did not meet this case, and she submitted that their lordships would never take away the liberty of the subject on ground so unsustainable and contrary to law. There was no opportnnity of hearing her husband; while, on the other hal?d, there were two solicitors, the learned judge, and Mr. Chitty, all against him. She complained hat she was not heard, and that she was kept out of the room, and three hours wait ing in an anteroom. Their lordships would see thut there was no irregularity on the part of Mr. Cobbett, and that he had done in the matter all ho could do and that the law ,required him to do. The irregularity was on the other side. The action was one of ejectment, and a learned judge (Mr. Justice Wightman), after notice of action was served, allowed the defendants to amend, and by an order permitted John Jenkins (who obtained two several orders from his lordship) to be made a defendant. Her husband complained of that as an irregularity. The matter was so difficult, so new, and so technical, that she found it most perplexing to explain it; but if her husband were allowed to come before their lordships he would show the irregularity of the proceedings, and the illegality of detaining him in prison, where he had been - aye years wrongfully detained, clear to their lordships. It was a case that was never brought before a court of law before, and that was not known to the law. Mrs. Cobbett, after some further observations, con cluded by putting in the affidavit made by Mr. Cobbett, and by hoping that their lordships would consent to her application. The Master having read the affidavit, _ _ - Lord Chief Justice Cockburn, after conferring with the other learned judges, referred at some length to several points of the case, and said the judges, by the 122 d section of the Common Law Procedure Act, had power to amend the record. What the Court had now to deal with was the order of Mr. Justice Hill, and looking at all the circum stances, the Court could not consent to issue a habeas corpus on the grounds submitted by Mrs. Cobbett. There was one way by which Mr. Cob bett could obtain his liberation from prison, and that was by complying with the legal demands of the defendants in the action. Mrs. Cobbett (warmly)—l would rather see my husband cut his right hand off, my lord, than see him sign documents and demands so unjust and so illegal. Rule refused. in his window, bearing the words," lurrey News. —Louis Levite you are wanted." - (Laughter.) Mr. justicelles said he tried the case, and it appeared that the defendant printed one number of the Surrey News for the plaintiff, and not having been paid, he stuck up the bill complained of. Laxton—Another point was, that the judge had refused to issue an injunction to prevent the further publication of the bill, and this refusal had rendered the plaintiff liable to some costs in refe rence to a temporary injunction which he had obtained from a judge at Chambers. It was true the original bill had not been again exhibited, but in its place was another in these terms, " God bless our enemies, and may their hearts be turned." (Laughter.) People knew what the bill referred to, and it cseated a good deal of annoyance. The Lord Chief Justice said he did not see any harm in this last bill. Rule refused. COURT OF EXCHEQUER. (Sittings in Banco, before the Lord Chief Baron, and Barons Martin, Channell, and Wilde.) MAY V.E. T. SMITH.-THEATRICAL ENGAGEMENTS Mr. Sergeant Shee moved for a rule to set aside the non-suit directed by the Lord Chief Baron in this case, which was tried before him at the last sittings at Guildhall. He said that the plaintiff, who was the husband of a distinguished artiste, known in theatrical circles as Madame Bauer, had brought his action against the defendant, Mr. E. T. Smith, the lessee of her Majesty's Theatre, for a breach of contract, under w hich he undertook to accept the services of Mrs. May, or as she was known to the public, Madame Bauer, as prima donna. The first count of the declaration alleged that the defendant had engaged the plaintiff's wife to sing at her Majesty's Theatre or at concerts when not re quired there, for the season, beginning October 1, 1860, at a weekly salary of 15 guineas, and that he would not permit her to perform as agreed to. The second count alleged that the defendant had engaged the plaintiff's wife to sing as prima donna hi operas, amongst which was "Robin Hood," and that he had failed in carrying on this agreement. The Lord Chief Baron—The declaration stated that the plaintiff's wife was en ;aged for the whole season from October, and this action was bro ug ht in three weeks afterwards. Mr. Sergeant Shee said that was the case, but the action was brought after the positive refusal of the defendant to allow Mrs. May to play. Mr. Baron Martin—The question, as it appears to me, is, was there a contract to employ the plain tiff's wife to sing in the opera of " Robin Hood ?" Mr. Sergeant Shee thought that was the substan tial question. In the communications which had taken place between the parties, Mr. May expressed a desire that if his wife were engaged, she should have appropriate parts, so as to place her in a post of honour, to which the defendant answered that "business was business, though friendship should be cemented," and in referring to the proposed salary,.he said he had dropped £lO,OOO, in which half had been for repairs and decorations, but that he had good promises of support for the future. The defendant also said Mr. Sims Reeves was delighted with the new opera, and that although he had been urged to engage adame Sherrington, who was dying to come from Brussels, he said he was in favour of Jenny Bauer, the plaintiff's wife. Subsequently they entered into a contract, by which the defendant undertook to engage the plaintiff's wife at a salary of 15 guineas weekly, and in reply to the plaintiff's inquiry he put down her name in the caste for the part of Maid Marian in "Robin Hood." Mrs. May then went to the theatre and sung before the composer of the opera and other friends of the defendtint, when the latter said he was de termined that Jenny Bauer should fill the part of Maid Marian. He bad, however, broken his engagement, and thus ho had injured the prospects of the plaintiff's wife, who was anxious to appear, even at a small salary, in an opera with Mr. Sims Reeves which was likely to obtain the public favour. Their lordships granted a rule, giving the plain tiff leave to amend his declaration so as to raise the issue. Rule nisi accordingly. WILLIAMS V. THE GREAT NORTHERN RAILWAY COMPANY-ACCIDENT. Mr. Hawkins said he had to move to set aside the verdict found for the plaintiff in this case for £1,200 on the ground that they were excessive, and on affidavits alleging surprise. It was an action tried before the Lord Chief Baron, under the follow ing circumstances :—The plaintiff was a flour mer chant at Liverpool, and was passenger in an excur sion train on the defendants' railway on 30th May last. The guard became intoxicated by some passen gers at Hitchen, and being unable to turn on the break at the terminus at King's•cross, the engine and train dashed through the terminus, and was only stopped by the excavations of the Metropolitan Railway. It was alleged that his nervous system had been shattered, that he had lost a business bringing in from £5OO to £6OO per annum, and that he was unable to distinguish the colour of the flour he bought and sold, as his sight had been so mach injured that all things appeared yellow to him. It was, however, shown in the cross-examina tion that plaintiff had compounded with his credi tors for is. 6d. in the pound, and that having started with a fresh capital, in which his books showed a profit of £5OO in the year 1859, he had at its end been minus much more. In this the jury had found for him £1,200 damages. The Lord Chief Baron—l shall certainly report that the damages were most excessive—the largest I ever knew in such a case.—Rule granted. POLICE INTELLIGENCE—An. 15. GUILDHALL. Edward Gandell, of Morden-road, Blackheath, and Henry John Todd, of Park-place, Gravesend, who carried on business under the name of " Gan dell and C 0.," in the city of London, were brought up before Alderman Allen and Alderman Mechi, for further examination relative to the charge of obtaining goods to the value of between £7,000 and £B,OOO within three months of their bank. ruptcy, under the false colour and pretence of car rying on business and dealing in the ordinary course of trade, with intent to cheat and defraud their creditors. Mr. Poland, instructed by Messis. Mason and Sturt, conducted the prosecution; Mr. George de fended Todd, and a clerk from the office of Messrs. Humphreys and Morgan attended on behalf of Gandell. John C. Austin, one of the ushers in Mr. Com missioner Fane's Court, in the Court of Bank ruptcy, said—l produce the proceedings in the bankruptcy of Edward Gandell and Henry John Todd, merchants and co-partners in trade. Among them is their own -petition for a private arrange ment, filed on the 27th July last, and the adjudica• tion of the bankruptcy, which took place on the 3d August. The petition was adjourned into open court. Mr. Wm. Keighley, of• the firm of Hughes and Keighley, of 1, Crown-court, Cheapside, commission agents, said—We are agents for Edward, Henry, and Richard Hardmann,of Rawtanstall, near Man chester, worsted manufacturers. I know the bank rupt Gandell. He first spoke to my partner about some goods, after which he called and saw ma, and said he would take the serges, of which he had seen the samples, consisting of 22 pieces. Todd wai present at the time. I had not seen him before. Gandell asked if I would send him in some sam ples of printed woollen linings. I sent in the samples. On the 18th of July Gandell bought the 22 pieces of serge, the value of which was £125 Gs., and directed that they should be sent to his warehouse at Joiners' Hall-buildings, 79, Upper Thames-street. On the 19th July we sent 12 pieces of printed linings with the serges, and, on the 20th, Gandell called alone at the warehouse. I was out, but met him as he was leaving, and he said he had just offered my partner a price for the linings, and he would be glad of an early answer as he was in want of the goods. He said he had offered a four months' bill from the date of the invoice. On the following day I went down to the warehouse of Thomas Gandell and Co., at Jqiners' Hall-build ings, where I saw Edward Gandell, and told him his offer had been accepted for the goods. I knew of no other firm of the name of Gandell and Co. I did not know anythinc , of Todd at that time. There were 82 pieces in all of printed linings, and Gandell asked me if it would be any convenience if he sent their cart for them. I said it would, and on the same day a covered cart was sent, with the name of ‘• (menden and Co., packers," on the side, and " Thomas Gandell and Co." on the shafts. Part ofl the goods were taken on the 21st, and the remainder on the 23d July. The value of the 82 pieces of linings was £334 128. I did not know that I was dealing with Todd except as a servant of Gandell, as the latter never told me that he had a partner, and f did not know he was carrying on business with Todd, either at Sise-lane or Greenwich-street, w here the old firm of Gandell and Co. now have a warehouse, or at Joiners' Hall-buildings. I believed I was dealing with Gandell and Co- of the latter place; and I have transacted all my business with Gmndell there. Gandell and Co., the packers, are a well-known firm of established credit. I did not know that Edward Gandell was merely a salaried clerk in that firm. I supposed him to be the head of the firm. When I first called with Mr. Hard mann he was, on leaving, about to take the name of the firm as it appeared on the door post, but Edward Gandell immediately gave him a card bear ing the name of "Thomas Gandell and Co." If I had knoWn that Gandell was only a clerk at £5 per week ; to his father, and in partnership with Todd, I should not have supplied him with the goods. The same goods were afterwards sold by public auction, and we bought in a part of them. Cross-examined--I never asked Gandell of whom the firm consisted, because he gave us his father's card as his own, some time about the 23d May. Mr. Robert Jacob Booth, of the firm of Booth and Sons, of Budge-row, auctioneers, said—l made an advance of £3OO to T o dd u p on th e 22 pieces of serge and the 82 pieces of printed linings, on the 27th July last. Todd asked me previously if I could ad vance that amount, and I said I could if the goods were a sufficient security. He told me they were lying at Gandell's warehouse, and were his own goods. I went to the warehouse in Greenwich-street, where the goods were shown to me by Edward Gandell, an I requested him to keep them for me, as I would make the advance. He afterwards gave me a receipt, acknowledging that he held the goods in trust for me. The terms in the memo randum drawn up were, that if the goods were not redeemed within a month I should be at liberty to sell. I only deducted 21 per cent., which was all I was to have upon the transaction, and that included warehouse-room and other expenses. I afterwards sold the goods, and they realised £344 12s after payment of the expenses of sale, &c. Gandell has also shown me other goods, upon which I have advanced money to Todd, but those have all been redeemed. The goods were brought to my premises in a regular packer's cart. Cross-examined--The goods were packed as for shipment abroad. I cannot say whether they came in Gandell's or Johnson's cart. I handed the balance, after selling the goods, over to the assignees. I have had about four or five similar transactions with Todd, and my advances have always been paid. • Re-examined—l think it was one of Gandell's covered carts that came with the goods. Gandell always held the goods for me in all the former transactions, and I merely took his acknowledg ment to that effect. I did not know there was any connexion or partnership between Gandell and Todd. Mr. Hughes,.of the firm of Hughes and Keighley, said—On the 16th or 17th of July last Todd called upon me, and said he was sent by Gandell to inquire if we had any scarlet serges in stock. I said we had not, but we had 22 pieces of blue serges. I also told him we had some scarlet linings, and gave him patterns of them. I was not aware that he was Gandell's partner. The goods were delivered on the 21st and 23d of July, and were entered to the name of Edward Gandell and Co., but before the bill for the amount could be drawn, the bankrupts filed their petition. The goods were entered in Edward Gandell's name at his own request, as he said the firm was Edward Gandell and Co., and we had made a mistake in drawing upon Thos. Gandell and Co., but he had written to our principals at Rawtanstall, and made it all right. I still thought we were dealing with the original firm of Gandell and Co., and that the only change was in the Christian name. James Lowe, a porter in the employ of Gandell and Co., of Greenwich-street, 79, Upper Thames street, said—l have been about four years in the service of Mr. Thomas Gandell, who died in Sep tember last. I was engaged by Edward Gandell, and the firm is now carried on by James Gandell. Thomas Gandell lived at Joiners' Hall-buildings, and Edward Gandell managed the business at Greenwich-street, and there was no packer's busi ness carried on at any but the latter place. I have seen note paper in use with lithographed headings, similar to that produced. I fetched the goods from Crown-court, Cheapside. I have frequently seen Todd at the warehouse. David Moose, a Swiss merchant, of Watling street, said—l am a creditor to the estate for £1,025 for goods supplied between April and May of last year. I produce bills to that amount, which are all addressed to Gandell and Ca., 79, Upper Thames-street. They are accepted in the name of Gandell and Co., and made payable at Sir Charles Price's bank, in Lombard-street. None of those bills have been paid, as they did not fall due until after the bankruptcy, except the first, and that was dishonoured. I did not know that Todd was Gandell's partner. I thought the business of Gan dell and Co. belonged to Edward Gandell. On one or two occasions Todd accepted bills for Gandell. Richard Thomas Fairchild, clerk to Mason, Sturt, and Mason, of Gresham-street, the solicitors for the prosecution, said—l produced a bill of exchange for £204, drawn in favour of Hugh Balfour and Co., on Gandell and Co., of Joiners' Hall-buildings. It fell due on the 13th of July, and was made pay able at Sir Chas. Price's bank. I had directions to serve a writ for this bill, and I went to 79, Upper Thames-street, for that purpose. I inquired for Thomas Gandell, and was told he would be out presently. I waited and saw Edward Gandell. I asked him if his name was Thomas Gandell, and he said it was not. I then asked him if he had any partner, and he said he had not. I then altered the name from Thomas to Edward in the writ, and served him with the copy. I never received the money. I signed the judgment. George Carpenter, a warehouseman in the employ of Todd from September, 1858, until October, 1860, said—l have seen Gandel! at the office in Sise-lane, but I did not know for the first six or nine months that he was in partnership with Todd, who did not carry on either of the businesses of a hotpresser, a packer, or a finisher. He only bought and sold. goods. The cart of Thomas Gandell and Co. fre quently brought goods to the office in Sise-lane. I have seen Thomas Gandell and Co.'s cards both at the warehouse in Greenwich-street and the office in Sise-lane. I have seen Edward Gandell write upon note-paper bearing Thomas Gandell and Co.'s name and address upon it in print. I have seen him use paper of that description at Todd's office in Sise lane. I have not seen Todd write upon such paper, but he has been present when it was used. Mr. Thomas, the accountant engaged to make up the bankrupt's accounts for the Court of Bank ruptcy, said—l have seen both Gandell and Todd relative to their business transactions. The trading commenced in 1857. The creditors are returned at £10,512, but this is a peculiar estate for Todd appears to have accepted a num b er of bills in his individual capacity, which have, therefore, been charged to his separate estate. The £10,512 joint liabilities are entirely unsecured. ,The joint lia bilities secured are not more than £3OO. The un secured liabilities under Todd's separate estate are £8,500. Gandell's separate balance-sheet shows unsecured, £4,341; other liabilities, £lB7 Os. 3d. The assets under the joint estate are estimated at £234, of which £2OO was paid into court by the bankrupts when they filed their petition under the private arrangement clause, and the remaining £34 was for the value of the office furniture, subject to claims for rent, and £l3, the balance at their bankers. Todd's private estate realised £232, minus £2O for excepted articles, and consisted only of furniture. Gandell's private estate realised £439, and the amount of debts owing to him are estimated at £43. No trade property of any kind was given up by the bank rupts. The amount of goods purchased by 'them in the months of May, June, and July of last year is £7,063. The total amount of outstanding con signments, and of which we have not yet received any return, nor realised a single penny, is stated to be £17,150. Cross-examined—A large proportion of the £lO,OOO liabilities are included in those consign ments, so that if the eonsignments turn out good the actual deficiency would be £ll,OOO instead of of £21,000, as was stated on the former occasion. Re-examined—The gross profit over the whole trading appears to be £2,677, but there are bad debts to be set off against that to the amount of £1,594. The profit is calculated upon the assump tion that the whole of the consignments are bona fide, and that the full invoiced prices will be realised that were charged by the bankrupts to the con signees. The assignees will be better able to prove what the real profits have been. Mr. Gregory, who advanced money to Todd upon some muslin goods, was then called, but his exami nation was merely one of a preliminary character. No application was made for bail, and Alderman Allen, in remanding the bankrupts, said after the evidence which httd been adduced he must refuse bail if applied for. WESTMINSTER. —DISTRESSING CASE. A wretched, half-starved-looking woman, who gave the name of Mary Moore, was charged with rob bing her furnished lodgings under the following circumstances : John Green, 4, Gardner's-lane, York-street, Westminster, said that on the 24th of December the prisoner took a furnished room of him, and having reason to suspect that she was appropriating his property, he unlocked her room door on Monday during her absence, and discovered that a sheet was missing, and, on searching the house, he found the prisoner concealed under another lodger's bed. An assistant of Mr. Scudamore, pawnbroker- Chapel-street, Westminster, having proved the pledging of the sheet for ls. Mr. Painter asked the accused what answer she had to make to the charge. The poor woman, with tears in her eyes, said that she had pawned the sheet in order to procure herself the common necessaries of life. Mr. Paynter asked her how she got her living. Accused replied, by doing odd jobs of needle work, but it was impossible to get a living now, as almost everybody was out of employment and starving. She had had no work since the day she entered prosecutor's house, and had p awne d th e sheet to ge t a l oa f o f b rea d, intending to redeem it when she got into work again. Mr. Paynter said that the prosecutor acted much too hastily in entering defendant's room, which ho was not justified in doing, as he did not know that anything wrong was going on ; the poor woman was evidently half starved, and had not the appear ance of a thief, and he should discharge her, The worthy magistrate then directed the usher to give the prosecutor ls. to redeem the sheet with, and told the poor woman to come again next when inquiries would have been made into her character, and if she were found to be a deserving person, she should then receive sufficient releif from the poor-box to enable her to get herself any necessaries she might require. FROM THE GAZETTE OF LEST NIGHT. FOREIGN-OFFICE, JAN. 14. The Queen has been pleased to approve of Don Juan Fair as Vice-Consul in London for the Argentine Republic. The Gazette of this evening contains the Speaker's war rant for issuing a writ for the election of a member to serve in Parliament for the borough of Leicester, in the room of the late Joseph 'William Noble, Esq., fourteen days after this notice. WAR-OFFICE, PALL-MALL, JAN. 15. 23d Regiment of Foot—Lieutenant-General Sir William J. Codrington, from the 54th Regiment, to be Colonel, vice Lieutenant-General Henry Rainey, C. 8., deceased. 54th Regiment of Foot— Lieutenant-General Mildmay Fane, from the 96th Regiment, tobe Colonel, vice Lieut.- General Sir W. J. Codrington, K.C.8., removed to the 43(1 Regiment. 96th Regiment of Foot—Major-General George Macdonald to be Colonel, vice Lieutenant-General Fane, removed to the 54th Regiment. Ist Regiment of Dragoons—George Allen Butlin, Gent., to be Cornet, by purchase, vice Twentyman, promoted. 6th Dragoons—Ensign .t Aubyn Henry Player from the 23d Foot, to be Cornet, in succession to Lieutenant the Hon. Edward Roden Bourke, promoted. 9th Light Dragoons—Lieutenant Edward Parrett Hodges Curteis, from the 96th Foot, to be Lieutenant, vice Wil liam Naper Carleton, who exchanges. Grenadier Guards—Lieutenant and Captain Henry Wil liam Verschoylo to be Captain and Lieutenant-Colonel, bylpurchase ' vice Henry Edward Montresor, who retires; Ensign and Lieutenant Alfred Molyneux Byng to be Lieutenant and Captain, by purchase, vice Verschoyle ; Alexander Louis Ricardo, Gent., to be Ensign and Lieu tenant, by purchase, vice Byng. Ist Regiment of Foot—Gentleman-Cadet Frederick de Lama - re Morison, from the RoyalMilrtari College, to be Ensign, without purchase, in succession to Lieutenant John Richard Palliser, deceased. 3d Foot—Gentleman-Cadet Edward Charlton Dickson, from the Royal Military College, to be Ensign, without purchase, vice Hearn, promoted. 4th Foot—Captain Augustus Nicholas Wilson, from the 86th Foot, to be Captain, vice William Fagan, who ex cb an& b es. 6th Foot—Gentlemen Cadet Horace Richard Le Marchant Carey, from the Royal Military College7to be Ensign, without purchase, vice Saunders, promoted. Bth Foot—Lieutenant Reginald Whitting to. be Captain, by purchase, vice Newall, who retires ; Ensign Richard Chute to be Lieutenant, by purchase, vice Whitting. 10th Foot—Lieutenant John Ball to be Captain, by pur chase, vice Douglas Ernest Manners, who retires; En sien Abraham Richard Montfort to be Lieutenant, by purchase, vice Bali. 11th Foot—Ensign William Joseph Tibbs to be Lieuten ant, without purchase, vice William Norman, super seded for being absent without leave; Gentleman Cadet James John Peter from the Royal Military College, to be Ensign, without purchase, vice Tibbs. 17th Foot—Major and Brevet-Lieutenant-Colonel William Gordon to be Lieutenant-Colonel, by purchase, vice Brevet •Colonel Arthur Lowry Cole, who retires upon half-pay ; Major Honeyman Mackay, from half-pay Un attached, to be Major, repaying the difference, vice Gor don; Captain and Brevet-Major George Tito Brice to be Major, by purchase, vice Mackay, who retires; Lieu tenant William Henry Parker to be Captain, by purchase, vice Brice; Ensign Herbert Kerr to be Lieutenant, by purchase, vice Parker ; Ensign Harvey Lambert Man ning Ravenhill, from the 70th Foot, to be Ensign, vice Kerr. 19th Foot—Captain Wm. M'Gregor Archer from the 78th Foot, to be Captain, vice George Forbes, who exchanges. 23d Foot—Gentleman Cadet George Wm. Adolphus Fitz George from the Royal Military College, to be Ensign, by purchase, vice Player, appointed to the 6th Dragoons. 32d Foot —Lieutenant Francis Arthur Thomas, from half pay 85th Foot, to be Lieutenant, vice Henry Mant Gilby, who retires upon half-pay; Lieutenant Randle Jackson, from the 77th Foot, to be Lieutenant, vice Arthur Bishop, who exchanges. 40th Foot—Andrew Duorow, Gent., to be Ensign, by pur chase, vice Henry Swanson, appointed to the 14th Foot. 53d Foot—Captain Gustavus L. Basset, from the 72d Foot, to be Captain, vice John M. Macneill, who exchanges. 54th Foot—Staff Assistant-Surgeon Thomas Wood, M.D., to be Assistant-Surgeon, vice Youell, appointed to the , Staff. 60th Foot—Lieutenant Burnet Bell Forsyth to be Captain, by purchase, vice Richard Harcourt Robinson, promoted, by purchase, to an unattached majority; Ensign Charles Gosling to be Lieutenant, by purchase, vice Forsyth. 72d Foot—Captain John Maxwell Macneill, from the 53d Foot, to be Captain, vice Gustavus Lambert Bassett, who exchanges. 77th Foot—Lieutenant Arthur Bishop, from the 32d Foot, to be Lieutenant, vice Randle Jackson, who exchanges. 78th Foot—Captain G eorge F or b es , from the 19th Foot, to be Captain, vice William M'Gregor Archer, who ex changes. 86th Foot—Captain William Fagan, from the 4th Foot, to be Captain, vice Augustus Nicholas Wilson, who ex changes. 69th Foot—Duncan Campbell, Gent., to be Ensign, by purchase, vice Urquhart, appointed to the 72d Foot. 94th Foot—Ensign William Edward Montague, from the 2d Foot, to be Ensign, vice James Brown, promoted. 96th Foot—Lieutenant William Napier Carleton, from the 9th Light Dragoons, to be Lieutenant, vice Edward Barrett Hodges Cartels who exchanges. 2d West India Regiment—lieutenant Francis Adam Knapp to be Captain, by purchase, vice Davidson, who retires ; Ensign Andrew Truelove Edge to be Lieutenant, by pur chase, vice Knapp. UNATTACHED.--Captain Richard larcourt Robinson, from the 60th Foot, to be Major, by purchase. COMMISSARIAT DEPARTMENT.—Acting -Deputy-Assis- tant-Commissary-General Foster Shortt, having completed the prescribed period of Service on the Coast of Africa, to bo confirmed in the rank of Deputy-Assistant-Commissary- General. BREVET. Major Honeyman Mackay, 17th Foot, to be Lieutenant- Colonel in the army. Brevet-Lieutenant-Colonel Honeyman Mackay, 17th Foot, to be Colonel in the Army. Quartermaster-Serjeant Francis Burke, late of the 15th Hussars, to have the local rank of Quartermaster, while acting as Firemaster at Aldershot. The following promotions and alterations of date to take place in her Majesty's Indian Military Forces, coxsequent on the deaths of : Major-General Alexander Woodburn, C. 8., Bombay In fantry, on the 28th September, 1860 ; Major-General Thomas David Carpenter, Madras Infan try, on the 17th October, 1860 ; Major-General Edward Pettingal, Bengal Infantry, on the 17th November, 1860 ; and Lieutenant-General John Henry, Madras Infantry, on the 17th December, 1860 : Major-General Robert Blackall, Bengal Infantry, to be Lieutenant-General. Major-General Clement Clemons, Madras Irfantry, o date the 29th September, 1860, instead of 7th October. Colonel Charles Haldane, Bengal Infantry, to be Major- General. Colonel Alexander Henry Edmonstone Boileau, Bengal Engineers, to be Major-General. Colonel Frederick Brooke Corfield, Bengal Infantry, to bo Major-General. Colonel Edward Green, C. 8., Bombay infantry, to be Major-General. The undermentioned officers of her Majesty's Indian Military Forces, retired upon full-pay, to have a step of honorary rank as follows : Colonel Benjamin Crispin, Bombay Infantry to be Major- General. Lieutenant-Colonel Charles Cheape, Bengal Infantry, to be Colonel. Major Joseph William Farran, Madras Infantry, to be Lieutenant -Colonel. Captain William Bayley Jackson, Madras Infantry, to Major. Captain Henry Charles Roberts, Bengal Infantry, to be Major. Captain Sydney Rippon, Madras Artillery, to be Major. MEMORANDUM.—Brevet Lieutenant -Colonel George T. B. Colman, upon half-pay, as Major, Unattached, has been permitted to retire from the service by the sale of his com mission, he being about to become a settler in Canada. ' ADMIRALTY, JAN. 2. Corps of Royal Marines—Gentlemen Cadets John Cecil Peters, William Gage Armstrong, Arthur Tupman,William Frederick Campbell, and Alfred Close Cassan, to be Second Lieutenants. COMMISSIONS SIGNED BY THE QUEEN. 2d Administrative 13a• talion of Staffordshire Rifle Volun teers—John Packwood, Esq., to be Adjutant. 3d Battalion of De von Rifle Volunteers —Charles Dupe • rior, Esq., to be Adjutant. 47th Lancashire Rifle Volunteer Corps—John George Smyth Wilcocks, late Lieutenant 3d West York Militia, to be Adjutant. 3d Administrative Battalion of Surrey Rifle Volunteers —Arthur R. W. Wade, Esq., late Captain 72d High landers, to be Adjutant. COMMISSIONS SIGNED BY LORDS-LIEUTENANT. Weston-super-Mare or 2d Somerset Company of Volun teer Artillery Corps—Second Lieutenant Anthony Ham mond to be First Lieutenant, vice Pigott, dismissed ; John Hardwick, jun., Gent, to be 2d Lieutenant, vice Hammond, promoted, NAVAL PRIZE MONEY. Department of the Accountant-General of the Navy, Admiralty, Somerset-house, Jan. 11, 1861. Notice is hereby given to all persons interested therein, that preparations aro now being made for the intended distribution of the sum of £30,543 155., awarded by the Lords Commissioners of the Treasury on the 24th Novem ber, 1860, being the value of the prize captured between the 28th and 30th December, 1857, which has been allotted to the officers and men who were engaged in the operations at Canton within that period, excluding the Marines serving with the Army, who will share in the amount awarded for the Army. Agents and all other persons holding powers of attorney, prize orders, assignments, or other• instruments, by virtue of which they may be legally entitled to claim the share belonging to any captor, are requested, with as little delay as possible, to transmit the same, accompanied by the usual documents, to the Prize Branch of the Department of the Accountant-General of the Navy, Admiralty, Somerset- House. Due notice will be given, by future advertisements in the London Gazette, of the date proposed for the commence ment of distribution ; and, at the same time the amount o f an individual's share in the respective classes will be an nounced. The following are the ships entitled to participate : Acorn Acta)on, Algerine, Assi s t ance, Banterer, Bustard, Calcutta and tenders (Coromandel and Bittern), Clown, Cruiser, Drake, Elk, Esk, Firm, Forester, Furious, Haughty, llesper, Hi g , hflyer, Horn e t, I n fl ex ibl e, J anus, Kestrel, Lee, Leven, Nankin, Niger, Nimrod, Opossum, Plover, Racehorse, Sampson, Sans Pareil, Slaney, Star ling, Staunch, Surprise, Sybille, and Garrison of 14640 a 0 1%1 . 4 Volcano; Watchful! W.Qadconk! • 11 A NK MITTS. James Cook, indiarubber web manufacturer, Winek worth-place, City-road. Victor Faelli, ship broker, Crutched Friars, City. Walter Allanson, merchant, Castle-street, Holborn. James Thomas Taylor, grocer, New .Chureh-street, Marylebone. Alfred Bowles, music seller, Ipswich. Thomas Whitaker Pringle, grocer, Hawley. place, Kentish-town. Charles Humphery Cox, jeweller, Leamington Priors. Jo>eph Maurice Marks, cabinet maker, Birmingham. Richard Wood Markham, haberdasher, Bradford. Henry Brown and Brook Hodgson, velvet manufacturers, Halifax. James Wagstaff, draper, Alfreton, Derbyshire. Rowland William Conn9ll, dealer in teas, Liverpool. Wm. Francis Lawrence, draper, West Bromwich, Staf fordshire. Wei. Adams, painter, Nottingham. John Hall, manufacturer, Belmont, Lancashire. Christopher Hood and John Nixon, elastic web manu facturers, Nuneaton. George Thomas Rollason, china dealer, Birmingham. Walter Blundell, dentist, New Broad-street, City. Freederick John Skinner, designer in embroidery, Thurlow-place, Hackney-road. John Routh, merchant, Broad street-buildings, City. SCOTCH BANKRUPTS. Charles M'Gregor, cattle dealer, Stanley, Perthshire. Alexander Guthrie, merchant, Glasgow. William Ross and Co., drapers and grocers, Evanton, Kiltearn, Ross-shire. William Macdonald, insurance agent, Glasgow. COURT OF COMMON PLEAS. (Sittings in Banco before Lord Chief Justice Erle, and Justices Williams, Willes, and Keating.) PRIESTLY V. AI'LE.IN.-RAILWAY ACCIDENT. The defendant in this case was the lessee of the South Staffordshire Railway, and the action was brought against him to recover damages for injuries sustained on that line. The case was tried at Guildhall, before the Lord Chief Justice, when the jury found for the plaintiff—damages £750. Mr. Edwin James, Q.C., now moved for a rule for a new trial upon the grounds that the verdict was against the evidence, and that the defendant had been taken by surprise. The declaration set out three grounds of alleged negligence, that the tire of a wheel which broke was defective, that there were no means of communicating from the passengers to the driver, and that the speed at which the train was going was excessive. These allegations of negligence the defendant went down to trial prepared to contest, and did so successfully contest that the plaintiff shifted his ground, and upon the strength of an answer given by a guard who was called by the defendant, contended that the accident had arisen in consequence of an old dilapidated van having been attached to the train. This course took the defendant by surprise, and he had not had a proper opportunity of answering the case which had been at length set up. Rule granted. SALMON V. RILEY—THE FUNCTIONS OF THE JUDGE AND JURY. This was an action for slander tried before Mr. Justice Willes, and the jury had given the plaintiff one farthing damages. Mr. Sergeant Thomas, on behalf of the plaintiff, to .day moved for a rule for a new trial. The slander imputed to the plaintiff that she kept a young woman, named Georgianna Best, for the purpose of prostitution. This young woman was examined at considerable length, and she proved that there was no truth in the slander. At the conclusion of the evidence the judge asked him (Mr. Sergeant Thomas) whether he was not going to call the plain tiff herself, and on being answered in the negative, he said, " Then what more than a farthing damages can you ask of the jury." Upon this the defendant's counsel declined to call witnesses, upon the plea of justification. The judge in summing up asked the jury to consider what was the reason that the plain tiff had not been called, and he also made other remarks. The Lord Chief Justice said he had known many advocates who, when they saw that they had nothing else to rely on, were glad if they could get a grievance against a judge, for it gave them a chance of damages. (A laugh.) Mr. Sergeant Thomas submitted that the judge by suggesting the amount of damages, and by other remarks which he had made, had almost taken the matter out of the hands of the jury, and therefore that there had net been a satisfactory trial. The Lord Chief Justice said he was of opinion that the judge in making the remarks had acted within the province of his duty. It was his duty to make such observations as his experience suggested to him, and it was clear that if he made any perti nent observation he must do so at the risk of dis pleasing one side or the other. Rule — refused. RE COBBETT-APPLICATION FORA HABEAS CORPUS. Mrs. Cobbett moved for a writ of habeas corpus to bring up her husband from the Queen's Prison in order to be discharged from custody. The ground of the judgment was, that there was no judgment for the ca. sa. upon which he had been taken in execution, and this being so, she contended that he was falsely imprisoned, and she trusted that their lordships would order the writ that ho might be speedily set at liberty. The Lord Chief Justice said that in his opinion the writ was regular upon the face of it, and there fore the person who had Mr. Cobbett in custody was justified in keeping him. The custody was lawful so far as the writ of habeas corpus was con cerned. Application refused. BENNET Y. THE GREAT NORTHERN RAILWAY COMPANY. The plaintiff in this case was formerly a foreman shunter in the employ of the Eastern Counties Rail way Company, and was stationed at Peterborough. Early on the morning of Sept. 30, 1859, an engine of the Great Northern Railway Company came into the Eastern Counties station at Peterborough, and whilst there it struck the plaintiff, and so hurt him that he lost his leg. For this injury he claimed damages, and at the trial before the Lord Chief Justice at Guildhall the jury gave him £5OO. Mr. Hawkins, Q.C., now moved for a new trial, and stated that the evidence was that the Great Northern servants, whilst in the Eastern Counties station, were under the command of this company's station master, just the same as their own servants were. This being so, it was submitted that the plaintiff and the engine -driver were, in law, for the time being, fellow-servants, and therefore this ac tion would not lie against the company. The Lord Chief Justice said that in his opinion this case was not at all within the principle appli cable to fellow-servants. Rule refused. LEVITE V. FIELD. Mr. Lawton said that he had to move for a new trial upon the ground that the damages of one farthing, which had been awarded, were inade• quate. The defendant was a printer in the Black friars-road, and the libel consisted of a bill posted' LIFEBOAT SER VICES. WHITBURN, DURHAM, lax. 14. Several fishing boats started hence a few days ago during a calm, but they had scarcely got to their fishing grounds when a breeze sprang up, the sea rose rapidly, and most of them were obliged to leave their lines. All got back with much difficulty except one boat with four hands, who were in such a state of exhaustion from the severe cold and exer tion, that they became quite unable to contend with the wind and tide any longer. The lifeboat of the National Lifeboat Institution was immediately launched, and went to them, when they were very near the rocks, and found them i n suc h - a state that they could scarcely make fast the line that was thrown to them ; but they were brought safely to land, after great exerti on , by th e men i n the life boat, who were drenched to the skin. The four men must have been lost had not the lifeboat gone to their help. This valuable lifeboat was instrumental a few months since in rescuing five persons from the wrecked sloop Charlotte, of Woodbridge. The boat is called the Thomas Wilson, in memory of the late M.P. for London of that name, who was one of the benevolent founders of the National Lifeboat In stitution. COUNTRY MARKETS. LIVERPOOL-JAN. 15. There was a largo attendance of town and country buyers at this morning's market, and we had a fair sale for wheat, which may be quoted at a reduction of Id to 2d per cental on last Tuesday's prices. Flour, is per barrel lower, and more doing. Indian corn was in good request, at 380 to 38s 3d per qr for mixed American, and for white 40s to 41s. Oats and oatmeal were slow of sale, and unaltered in price. Peas rather lower. Beans remain stationary. BRISTOL-JAN. 15. Stocks of every description are unusually light. The easterly winds keep out expected supplies. To-day - we had a fair attendance of buyers, who bought an average quell. tity of wheat, which sold at former prices. Oats, barleys, and beans maintain their value. Trade in all articles was healthy. LEEDS-JAN. 15. Our market to-day was fairly attended by millers, but business was of a slow character. Wheat must be noted at no advance upon the rates of last market day. Good barley was quite as well sold. Oats and beans hold for former rates. NEWCASTLE-UNDER-LYNE-JAN. 14. At this corn market there was only a middling show of English wheat. The trade was quiet, and sellers made about late rates—white wheat making 60s to 765, red Ms to 68e. The demand for barley was good, and continues the same in value. Oats were in fair supply, with a stoady sale, from 24s to 32s per 24 stone. Beans scarce, horn 40s to 68s per qr. LYNN-JAN. 15. A moderate supply of wheat to-day, which was in fair demand, and prices u na lt ere d. B ar l e y in request, at rather higher prices. Oats were disposed of in favour of the seller. Beans scarce, and taken off at high rates. Old white 56s to 60s 1 Old red 50s t o 56e Barley. 34s to 44s 1 Oats .22s to 260 Beans ,52s to 66. 1 Peas 48. to 54s NORWICH CATTLE. The show of store cattle to-day was very small, and as buyers were not very numerous, business was dull, the weather causing quite a stagnation in the trade. Scots, 4s 6d to 5s Od ; shorthorns, 4s to 4s 6d Irish, 3a 6d to 4s ()d ; Devons, 4s to 4s 6d (estimated weight when fat). Fat beasts a large show, at 8s Od to 8s 6d per 141 b. Sheep—There was a poor supply of sheep in the pens. Fat sheep, 8s 6d to 9s Od per stone; prime, Os Od. Pi o b . s—A fair supply. St ore pi gs, 23 s to 255; fat pork, 8s Od to 8s 6d per stone. THE MAILS. MAILS DUE. Australia, Ceylon, and Maurithis (via South ampton) . .. Jan. 18. Do. (via Marseilles) Feb. 12. Brazil and Cape Verds .. • • .. Feb. 4. Buenos Ayres, Monte Video, &c. .. Jan. —. Cuba and Mexico .. „ Jan. 28 Canada, &c. (via L'derry) „. .„ Jan. 16. Cape of Good Hope, &c. .. Feb. 1. China, Penang, and Singapore (via S'ampton) Jan. 18. Do (via Marseilles) Jan. 26. Gibraltar (via Southampton) .. Jan. 18. India(Calcutta), Ceylon, &c. (via Southampton) Jan. 18. Do. (via Marseilles) Jan.l 26 . India (Bombay), (via Southampton) lan. 25. Do. (via Marseilles) „. Jan. 19. Lisbon .. • • • • .. „ Jan. 21. Malta, Egypt, and Adon (via Southampton) .. Jan. 18. Do. (via Marseilles) .. Jan. 19. Vigo, and Oporto .. Jan. 21. United States, California, &c. .. Jan. 16. Western Coas t of Africa, Madeira, Teneriffe .. Feb. 10. West Indies and Pacific, Carthagona, Cuba, &c. Overdue. MAGNETIC TOTS were, until lately, the only application of the Magnet to anything like a useful purpose, now we have Herring's Magnetic Brushes, &o. Dr. Hassall states, " I regard them as the most perfect Brushes hitherto made, as resnects their mechanical construction, and their Magnetical action." They are THE remedy for Grey Hair, Neuralgia. Rheumatism, &c. N.B.—Counterfeits are being made, — Offices, 32, Basinghall-street, London. [ADVERTISEMENT.I—Perfect digestion, strong nerves, sound lungs, refreshing sleep, and functional regularity restored, without medicine, purging or expense, to the most disordered or enfeebled by Du Barry's delicious health re storing Revalenta Arabica Food, which removes indiges tion (dyspepsia), habitual constipation, flatulency, diar rho3a, dysentery, nervousness, biliousness, fevers, sore throats, catarrhs, colds, noises in the ears, rheumatism, gout, impurities, eruptions, hysteria, neuralgia, irritability, sleepness, acidity, palpitation, heartburn, headache, debi lity, dropsy, despondency, cramps spasms, nausea, and sickness, sinking, fits, cough, asthma, bronchitis, con sumption, epilepsy, paralysis, also children's complaints. Avoid Pills and Medicines : they invariably aggravate and perpetuate diseases ; their annoyance, disappointment, and expense may be avoided by using Du Barry's FoW which, at a few pence per day, saves s(' times its cost in other remedies, removing effectually, without purging, constipation, indigestion (dyspepsia ) n ervous , bil ious and liver complaints and all their consequences. Certificate No. 36,418. We find it the safest remedy. Andrew Ure, MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr. Campell. Let invalids avoid th e fearful dangers of spu rious and injurious imitations offered under a variety of false pretences. Nevill's imitations are prohibited by . the high Court of Chancery under a penalty of £5,000 against Alfred Hooper Novill and his agents ; and the pretences that Nevill has a patent for Arabica Food and that Du Barry's are connected with such patent are utterly fake. No canister is genuine without the name Barry liu Barry and Co., 77, Regent-street, in full, on the seal and wrapper. Shopkeepers who attempt imposition in one article must expect to be distrusted in all others. Packed in tins 11b. 2s. 9d.; 21b. 4s. 6d. ; 61b. lls. ; 121 b. 225. ; 241 b. 40s. The 121 b. and 241 b. canisters are Bent carriage free on receipt of Post-office order by Barry Du Barry and Co., 77, Re gent-street, London; Fortnum Mason, and Co. ; Abbit i 60, Gracechurch-street ; 4, Cheapside ; 63 and 150, Ox. bard-street ; 330 and 451, Strand ; 49 and 60, Bishopegate street ; Batty, 16, Finsbury Pavement ; Phillips and Co. tea-dealers; Petty, Wood, and Co., King William -street, City ; at 127, High Holborn ; and all grocers BIRTHS. CORNFORD.—On the 10th inst., the wife of the Rey. E. Cornford, curate of Stroud, of a daughter. PORTSMOUTH.—On the 13th inst., at Eggesford House, the Countess of Portsmouth, of a son. STRANGWAYS.—On the 11th inst.,'at Kilmington Rectory, near Frome, the wife of the Rev. Henry Fox Strang ways, of a daughter. MARRIAGES. COOPE—FROST.—On the 9th inst., at the parish church of Brighton,.George, youngest son of the late John Coops, Esq., of Great Cumberland-place, Hyde-park, to Eliza beth, daughter of Walter Frost, Esq. TR ORNE—PAYN.—On the 9th inst., at St. Saviour's Church, Jersey, Mr. E. H. Thorne, organist, Henley en-Thames, to Elizabeth Isabella, eldest daughter of Mr. Philip Peyn, 10, Library-place, St. Helier. DEATHS. BARFORD.—On the 14th inst., in London, Wm. Ballard, Esq., of Erdington, aged 65. BRYANT.—On the 13th inst., at 33, Ladbroke-squaref, Notting-hill, Mr. John Bryant. HOULTON.—On the 14th inst., at 12, Blomfield-street,W., Joseph Houlton, M.R.C.S., aged 73. JODRELL.—On the 14th inst., in Portland-place, Sir Richard Paul Jodrell, Bart.., of Sall-park, Norfolk, and Neth ,, rcot House, Oxfordshire, aged 81. WILBRAHAM.—On the 12th inst., at Rode-hall, Cheshire, Randle oT o ra n h i a h m e , Esq., aged 88. w A 12 th inst., at Paris, Col. William ooDWE.—On Woodgate, formerly of th e 60th Foot, aged 80. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at Tux SUN Office, No. 112, Strand , ill the rieoinct of the Savoy. in the County ot)liddleoex, Wednesday, J OllOOl 7 16, 1§01. CU , GU'ildl to Ur. Resol vatisfac 3 , 1 . A., t iorm e d held th spur-st efforts 1 /loners grmtnit, and res 7 fourteei LAI NOT] .MEET] 'will be B ATUT at noon Deed of Annual day of I Henry of Rid poses. The I Zsg., June ne soc] So That, th e nu being s , luxury, toieerab fatties ot To pr Yiagracc instance poor, b 3 inatituti To br as legiti the Met the care eharital Inatituti Speci ®r agent Possible district by then No ca central( The p In any E contrar3 them in worthy ishotion The I to form Penses c call up° which s the relio Ilia G Marti The Ri Cheat The Ri f rn LichE R if Sefton The Ri Duni A'b e Ri .„ Ashb ato R The Ragli 'l c The 11 Brom The Ea Lord C Robert Rev. T W. DaN T.H. "%Wan B Colonel C• Sart( St. L eg , henry R • Stua Colville Clinton Charte garei Lieeld, V ernot riet, Sotner E Tem p i, Wen Lad 3 aaght, Boothl C. } Cok e Charie Pitz w i It. „, arre Bert Cald er Rost e MackZ Mrs, Bligh X. 6 .Aa?.trol Temi Klll kla v lied