The Sun.
London, England, 1855-04-26 00:00:00

THE SUN, LONDON, THURSDAY EVENING, APRIL 26 1853.

ing his opinion that such and such an appointment was
not a good one ; but when Lord Hardinge explained, he
yielded to his (Lord Hardinge's) views.
By Lord Seymour—He had sent, by permission of the
Emperor Napoleon, a military commission of three
officers to Paris, to report on the general state of the
staff of the French army, and had written to Lord Rag-
lan, requesting him to do the same as to the French army
in the Crimea.
The Chairman said he could now release the noble
duke, and his grace retired.
The committee then adjourned till today.

LAW INTELLIGENCE.-April 25.

EQUITY COURTS.

MACINTOSH V. THE GREAT WESTERN RAILWAY COMPANY.

This was a suit, by the representatives of Mr. Macin-
tosh, deceased, seeking to have the accounts taken be-
tween them and the Great Western Railway Company
in respect of very extensive railway and engineering
works performed by him for the company, partly under
special contracts and partly without, and in respect of
which the plaintiffs claimed to be creditors of the com-
pany to the amount of about 250,000/. The suit was
commenced about eight years since, and now came on
to be heard.

Sir Fitzroy Kelly, with whom was Mr. Bazalgette,
appeared for the plaintiffs; Mr. Elnisly and Mr. Vaughan
Johnstone for defendants in the same interest with them ;
Mr. Bacon and Mr. T. Stevens for the company.
Sir Fitzroy Kelly, at the sitting of the court, began
to open the plaintiffs' case, and continued speaking until
the court rose.

It is anticipated that the case will occupy several dap.

COURT OF QUEEN'S BENCH.

THE QUEEN V. EDMONDS-THE WATERMEN'S COMPANY.
In this case, Augustus Robert Edtiion,ls had been
convicted under a bye-law made under the 57th section
of the 7 and 8 Geo. IV., c. 75, an act "for the better
regulation of Watermen and Lightermen on the river
Thames between Yantlwt Creek and Windsor." The
conviction took p!aee at the London Quarter Sessions,
and a case on fats agreed open was stated for the opi-
nion of this court. By the 57th section of the act in
question, the mayor and aldermen of London are em-
powered to make certain bye-laws for the regulation of
the company. The 38th of these rules enacted that "if
any freeman Of the company or his apprentice, or an ap-
prentice to the widow of a freeman, shall set at work to
row, or permit or suffer to be set at work to row, or in any
manner navigate any lighter, boat, or other craft, within
the limits aforesaid, any person not being a freeman (ap-
prentices excepted), he shall forfeit a sum of not more
than 405., and not less than 10s." It was proved at
the Quarter Sessions that Edmonds, who was a freeman,
had a barge on the 3d of April, 1854, within the limits
assigned, which was under the control of one Oxlade,
who was also a freeman, and in which was employed one
William Sergeant, who was not a freeman, or an appren-
tice to a freeman or the widow of a freeman. For this
violation of the 38th bye-law he was convicted in the
penalty of 10s. ; and the questions now for the opinion
of this court were whether the bye-law was a good bye-
law, and whether the facts justified the conviction.
Mr. Scotland appeared in support of the conviction,
arguing that it was justified by the facts, and that the
bye-law was in itself a reasonable one, framed for the
public benefit.
Mr. Huddlestone contended that the bye-law was bad
in the first plane, because it was inconsistent with the
statute under which it had been framed ; and in the
next place because it was in restraint of trade, no specl
custom being averred.
The court took time to consider their judgment.
THE QUEEN V. TIBBLE.-" WESTERN BARGES."

This was a case stated for the opinion of the court en
an appeal from a decision of Quarter Sessions, under the
following circumstances. The appellant bad been con-
victed of having infringed the 37th section of the 7 and
8 George 11r., c. 75, the Waterrnen and Lightermen's
Act, by working and navigating for gai❑ and hire a cer-
tain barge at Putney, within the limits over which the
act extends, he not being a freeman of the company, or
an apprentice to a freeman. The barge in question is of
the kind known as a "we-tern barge," used in the con-
veyance of goods from the western part of the country
along the canals, and is flat bottomed and narrower in
its construction than the Thames barge. Oa the present
occasion, howevev, it was laden with goods, the property
of the Great Western Railway, as carriers, which had
been received by them at various places along their line,
and were being consigned to their destination. The ap-
pellant, who was employed by the railway company at
a weekly salary, had the command of the barge from
Brentford creek to Putney, assistA by two other per-
sons not freemen. From Putney the barge was towed
to Steel-yard Wharf by a free waterman. By the 101st
section of the act, western or west country barges, ply-
ing on the Thames, were especially exempted from the
operations of the act. The question for the court was,
did the facts support the conviction ?
Mr. Scotland, in support of the decision of the Quar-
ter Sessions, contended that the exception was not in-
tended to apply to a class of boats which had been di-
verted from their original purpose, and were worked in
the manner stated in the case.

Mr. Bramwell, for the appellant, urged that boats
known as western barges were exempted from the pro-
visions of the act, however employed, and that the appe-
lant being a servant of the company, did not work for
gain or hire within the meaning of the statute.
Lord Campbell said, unless the ca•e came within the
exception of the statute applicable to western bargee, it
was quite clear there had been a violation of the 37th
section. How could it be said that there had been no
infringement of the act, because the place where the
voyage began was not within the limits of the act
Then it was clear the appellant was plying for hire and
gain, for he was paid for his labour by the company ;
and it was immaterial by whom he was paid so that be
was paid. Plying for hire was one offence, and work-
ing for hire was another. As to the argument that the
barge came within the exception, he was clearly of
opinion that, in order to bring it within the exception,
the Large mast be a western barge at the time of the
alleged offence, and neither its build nor former employ
could have anything to do with the matter unless it
were so. The appeal must therefore be dismissed.
Appeal dismissed.

COURT OF COAINION PLEAS,

MARTIN V. THE GREAT NORTHERN RAILWAY CO3IPAN7.-

ACCIDENT.

This wag an action to recover damages for injuries
sustained by the plaintiff, as he alleged, through the
negligence of the defendants in net properly lighting
their station at Barnet. The case was tried at West-
minster a day or two ago, before Mr. Justice Maule,
and the jury on that occasion gave a verdict fur the
plaintiff—damages 20/.

Mr. Watson,Q.C., now moved for a new trial, upon
the ground of misdirection, and also to arrest the judg-
ment. He stated that in the month of November last
the plaintiff took a return ticket to carry him from Lon-
don to Barnet and back, and that, intending to leave
Barnet by the 7.56 p.m, train, he arrived at the station
two minutes before that time. He found the train wait
ing, and the bell ringing, and he hurried to get across
the rails and into the train ; but he missed the pathway
across, and went too far along the line, and ran against
a switch handle with such violence that he fell and se-
verely bruised himself. The learned judge directed the
jury that they were to consider whether the accident had
happened in consequence of negligence on the part of
the company, or whether it had been caused entirely by
the plaintiff's negligence ; but it waa now submitted that
he should have told the jury that even if the plaintiff had
contributed by his‘own negligence to the accident, with-
out. having been entirely the cause of it, the defendants
were entitled to the verdict. It was also submitted that
there was no legal liability on the company to light their
stations. Parliament had made various regulations as
to public interests in connexion with railways, but had
made no regulation upon this subject; and if the courts
should take on themselves to introduce any novel rule
of liability as to railway companies, very great incon-
venience would result from it.
Rule granted.

parish, for having, pending an election of guard;ans for
the said parish, unlawfully, fraudulently, and with in-
tent to affect the result of such election, altered a certain
voting paper used therein, by which offence they had
rendered themselves liable to imprisonment for any
period not exceeding three months, with or without hard
labour.

Mr. Morgan, the partner of Mr.Hnniphreys, attended
for the prosecution ; and Mr. Keep, barrister, for Mr.
Giles.

Mr. Logan, clerk to the board of guardians, said—l
produce a voting paper for guardians, which had been
forwarded by me on the sth instant to the residence of
Mr. John Wortham, of Walcot-square, a ratepayer of
the parish. The voting paper had on it the names of six
candidates, namely, Mr. Ball, Mr. Giles, Mr. Farris,
Mr. Doulton, Mr. Evans, and Mr. Nash, and it was re-
turned with the initials "J. W." before each, though
the ward only returned three members, and was signed
" John Wortham." The initials before the names of
Messrs. Doulton, Evans, and Nash appeared crossed
out, but on Saturday the 7th Mr. Wortham called on
me, and from what lie told me I set down his vote for
Messrs. Doulton, Nash, and Evans, as those for whom
he intended it. _ _ .

Mr. John Wortharn deposed that the voting paper
produced had been IcFt at his house, awl he placed his
signature before the names of Messrs. Doulton, Evans,
and Nash, the candidates he wished to vote for, and hay •
ing also signed his name at the bottmn, left it to be
taken away by the police. On the following morning,
from what he bad been told by Mrs. Northam respect-
ing the list, he called on Mr. Logan, and explainA the
matter to him. He had given no authority to alter the
paper.
Mr. Wortham was cross-examined at some length but
nothing material or favourable to the defendants was
elicited.

Mrs. Mary Wortham deposed that on the evening of
Friday, the 6th inst., the defendants called at her hou e
and one of them (Mr. Gile-) asked her if the voting
paper was filled up, and she replied it was. He then
asked her in whose favour it was filled, and she replied
that she did not know, but from the manner in which it
was folded she could see that Mr. Evans was one. He
next asked her whether she thought noniron was one,
and she replied that she did not know. He (Mr. Giles)
after some more conversation, asked to see the paper,
but before she brought it the defendants said they
wanted to put out the old guardians, as they refused to
permit the old people in the workhouse to have any tea.
At this time she was not aware that the defendants were
themselves candidates for the office of guardians, and
when she went to bring the voting paper they told her
there was no necessity for her bringing a pen and ink, as
they were provided with them. Mr. Giles asked her
if she thought her husband would have any ob-
jection to their altering the paper, and from what
they said about the tea to the old people she
said she thought not. Mr. Ball held the ink and Mr.
Giles the pen, and the latter made the alteration in
the voting-paper. She (witness) observed that he had
written the initials J. N., and told him it should be
J. W., as her husband's name was Northam. Mr. Giles
then crossed out the initials before the three names as
they appeared, and placed there before the other three.
In cross-examination, the witness said she had known
Mr. Giles before, by appearance, but not by name. She
denied having said that the person who accompanied
Mr. Ball on the occasion was a tall, fair gentleman ;
and was now quite certain the defendants were the per-
sons.

This was the case on the part of the prosecution.
Mr. snap, in defence, argued that the evidence re-
specting the identity of his client was weak and i nsuffi-
cient, aid that the parties, whoever they were, had Mrs.
Wortham's sanction for what they had done.
Mr. Ball, who was undefended, said the opposite par-
ties were guilty of practices similar to those complained
of.

Mr. Elliott observed that it was a mast extraordinary
thing to find persons of character and respectability coin-
mittinz themselves in such a manner. The testimony of
Mrs. Wortham was quite unshaken, but as some points
of law had been urged in the investig,ation, and a 3 the
matter was also of con,iderable public importance, he
should take time to consider the matter, and deliver his
judgment on a future day.

A DERELICT VESSEL.--The Letitia, of London, laden
with mahogany, supposed bounri from Honduras to Lon-
don, was fallen in with on the 20th March in lat 33 N.,
long. 63 W., abandoned, with topmasts carried away
above the cap, and bulwarks and rails gone, stelm frame
much shaken, and her decks blown up in several places,
by the Melbourne, Caroline, arrived in Mount's Bay,
which boarded her and took from her some rigging. It
is supposed the crew were some time in the tops, as
there were some tents rigged and no eatables to be found.

EXTENSIVE DISCOVERY OF STOLEN PROPERTY.—
LIVERPOOL, April 25 —This day a woman named Mary
Carney, who keeps a disreputable house in Spitalfields,
and four other female inmates of her establishment.
were brought before the magistrates on suspicion of
being connected with some extensive robberies which
have been committed in town within a short time past.
From information which they had received, detective.:
Duggins and Skaite procured a warrant, and went yes-
terday to B,3arch Carney's house. On doing this they
found a large quantity of drapery goods, consisting
chiefly of shawls, silks, silk handkerchiefs, &c., so
secreted as to convey the idea that they were the pro-
ceeds of some robbery or rcbberiee. They also found a
purse, which Carney said contained 801., but which, on
being opened, was found to contain 91 sovereigns. Car-
ney and her lodgers were taken into custody, and while
in Bridewell, a sailor named Joe Smith, picked her and
her four associates out from ainom; 19 other women, as
the five who bad lately, in Carney's house, robbed him
of 46 sovereigns. A considerable quantity of drapery
goods was identified as belonging to Mr. Ullathorne
and Mr. Strangers, of Ranelagh-street, in this town The
prisoners were remanded for a week, to allow time for
additional inquiries.

PUBLIC WORKS FOR INDIA.—At the ordinary weekly
meeting of the Society of Arts, held yesterday (Wed nes.
day) evening, Mr. Robert Lowe, M.P., in the chair, the
paper read was " On Public Works for India, especially
with reference to irrigation and communications," by Col.
Cotton, late chief engineer, Madras. The following pro-
positions give, in brief, the views entertained by the
colonel on this important subject :-1. That the greatest
possible mistake had been made in our management of
India in neglecting to execute those works of irrigation
and communication which lay at the foundation of the
improvement of the people. 2. That nothing could be
more obvious than that in every district, the moment it
was taken possession of, a sufficient establishment and
expenditure 'should have been allowed-1, to keep in
repair the old native works ; 2, to construct new and
far more perfect ones, worthy of our transit means
and knowledge. 2. That the improvements that
had of late years commenced in a few districts did
not at all represent the general state of things
throughout India, but that at this moment the great
mass of India was utterly unimproved and unpro-
vided with those works which were essential to
all improvement. 4. That the construction of a few
hundred miles of higk-speed railway would not in the
least meet the wants of Ir did ; that every district ought
at once to be supplied with works of irrigation, and per-
vaded with an extensive system of communication of
cheap transit. 5. That to spend 10,000/. on a single
mile of communication, when the same time and money
could be expended in other ways, so as to produce from
10 to 100 times as much useful effect, was the greatest
mistake. 6. That nothing but canal or river communi-
cation could provide India with sufficiently cheap transit
for its long distances and the small value of its main ar•
ticks of transport. 7. That the grand point of all, as
respects communication, was to get any rough works
executed to a vast extent over the whole face of the
country in the least possible time. 8. That while the
value of water for irrigation was at least 1/. sterling
for 6,000 cubic yards, it could be provided on a large
scale at 300,000 cubic yards for the same amount.
9. Tbat probably steam-boat canals could be worked
at one-eighth of the cost of working high-speed rail-
ways, and improved rivers also at one-sixth or one-
eighth of the latter. An animated discussion fol-
lowed the reading of the paper, in which the fol-
lowing gentlemen took part—Messrs. S. Gregson, M.P.,
A. S. Ayrton, C. Nicholson, Colonel Sykes, F.R.S., J.
Dickenson, jun., Brown, S. Sydney, the Chairman,
and Colonel Cotton.

Me NEW LOAN BILL—A bill "For raising a Sum
of Money by way of Annuities," has been brought
in by the Chancellor of the Exchequer and Mr.
Wilson. The loan, as already known, is one for
16.000,000/ , and contributors are to be entitled to the
principal sum of 1001. in the Three per Cent. Consols to
commence from the sth of January, 1855, and also to a
further annuity of 14s. 6d. for a term of 30 years, to com-
mence from the sth day of April, 1855. Contributors
who have made deposits of 10 per cent. with the Bank
of England may pay the remainder by instalments, i.e.,
the further sum of 151. per cent, on the 22d of May,
1855 ; 101. per cent, on the 19th of June following, 151.
per cent, on the 17th of July, 101. per cent. on the 21st
of August, 101. per cent. on the 18th of September, 101.
on the 16th of October, 101. on the 20th of November,
and the remaining 10/, per cent. on the 18th of Decem-
ber, 1855. Guardians or trustees may subscribe the
money of infants, and such infants will become con-
tributors within the meaning of the act. The annuity
of 31. per cent. per annum will be paid on the sth
of January and on the sth of July in each year,
and that of 14s. 6d. on the sth of April and the
10th of October in each year. After payment of the
deposit and any subsequent instalment, subscribers
may have a proportionate amount of stock placed in
their names in the Bane books, and may transfer the
came in the usual form. Contributors may anticipate
their payments, but no discount will be allowed thereon.
The first half-yearly dividend on the 31. per cent. an
nuity will be due on the 25th of June, and that on all
.urns paid not later than the 25th of June, and that on
the terminable annuity of 14i 6d. on the 10th of Oat.,
on all sums written in the books of the bank not later
than the 25th of September preceding, The annuities,
interest, and dividends are chargeable on and to be paid
out of the consolidated fund. A ciisluer and accountant-
general are to be appointed by the Bank, and theTreast.ry
is to order money to be issued to the cashier for the pay-
ment of annuities. Subscriptions paid in part, and not
completed, will be forfeited. The Bank is to be allowed
to retain 3001. out of every million of the loan for the
service and labour of management. The Three per Cent.
Annuities are to be added to the joint-stock of the Three
per Cont. Console. A sutn of 1,000,000/, will be yearly
paid out of the consolidated fund to the Commissioners
for the Reduction of the National Debt for the extinc-
tion of the loan, the first yearly payment to commence
12 months after the ratification of a definitive treaty of
peace with Russia. Persons counterfeiting receipts for
contributions will be treated as felons, and no fees to be
taken for receiving contributions on paying or transfer-
lug annuities under a penalty of 201.

SPORTING INTELLIGENCE.

NEWMARKET FIRST SPRING ,MEETING.

WEDNESDAY.

Selling Handicap Sweepstakes of 10 SOW; each ; for 3
yr-olds. The winner to be sold fir 200 sovs, if ,le-
inanded, &c. First half of Ab. M. (3 furlongs 215
yards.) 4 subs.
Mr. E. R. Clark's Priestcraft, by Cowl, Bst 71b
(Bartholomew) 1
Captain Lane's Thessaly, Bst 41b (J. Ma❑n) 2
Mr. Adkins' Fearlass, Bst
Duke of Rutland's Harry of Hereford, Bst 71h
(Flatman) 4
Betting-5 to 4 agst Priestcraft, 3to 1 agst Harry of
Hereford, 4 to 1 agst Fearless.
Won by half a length ; a neck between the second and
third ; and three-quarters of a length between the third
and fourth.

The Queen's Plate of 100 guineas, for mares ; 4-yr-olds,
Bst 91b ; 5-yr-olds, 9•t Blb ; 6-yr-olds and aged, lOst.
H. C. (3 miles 4 fur. 139 yds.)
Mr. DAley's Black Swan, by Knight of the Whistle,
5 yrs (S Steggle,) 1
Col. Dickson's Testy, 4 yrs (J. Mann) 2
Lord Evtter's Nicotine, 5 yrs (Norman) 3
Miss Allan, Folly o' the Day, and Miss Bolton also
rnn. •

Betting-7 to 4 asst Miss Allen, 4to 1 each agst
Black Swan and Testy.
Won by a length. Bad third.
Handicap Plate of 501., for 3-yr olds and upwards.
Cesarewi:ch Course (2 miles 2 fur. 28 yds).
Mr. Kenyon's Siding, by the Ugly Buck, 3 yrs,
6st bib (Quinton) 1
Mr. T. V. Turner's Hybla, 5 yrs, 7st 81b (Alficruft) 2
The betting opened at 5 to 2 on Hybla, but at the
close only 5 to 4 laid.

Siding-made all the running, and won by three-quar-
ters of a length.

Renewal of the Sweepstakes of 50 sovs. each, for 3-yr
olds ; colts, 8 t 71b ; filli 21b, not en;azed in
the 2,000 Guineas or 1,000 Guineas Stakes. Those
stallions or out of mares that never 'Ted a winner al-
lowed 41b ; only one allowance. A.F. (1 mile 2 fur.
73 yds.) 7 suns.
Duke of Bedford's Triton, by Weatherbit, 84 71b
(Pettit) 1
Mr. Bryan's The Poor Player, by St. Leon (41h.)
. .

Bst 31b (J. Marson) 2
Lnrd Exeter's Nutriment (411)), Bst 31b (Norman) 3
Mr. Mare's High Priest (41b), Bst 31b (E. Sharp) 4
Betting-6 to 4 agst Triton, 2to 1 agst Poor Player.
Won by a length. Three lengths between the second
and third.

Plate of 501., for 3-yr-olds, fist 71b ; 4-yr-olds, Bst 121 b ;
5-yr-olds and upwards, 9st 31b. Mares and geldings
allowed 31b. The winner to be sold fir 200 sous, if
demanded, &c. Allowances, if entered to be sold for
less. D.M. (7 furlongs 201 yards.)
Mr. Adkins' Fearless, by Faugh-a-Ballagb, 3 yrs (40/.)
sst 11th
Mr.G.Drewe's Vulcan, 3 yrs, (1001.), 6st6lb (H.Bray) 2
Captain Lane's Guy Mannering, aged, (401.), 7st 71b
(J. Mann) 3
The following also ran :—Economy, D►minutive, aid
Heyday.

Ramey weighed for Merry Monk, 4 yr 3 (401.), 7st 21b,
and the number was put up, but the horse did not go to
the post.

Betting-6 to 4 azst Guy Mannering, 7to 2 asst
Heyday, 5 to 1 aght Fearless.
Fearless made all the running, and won by two
lengths ; the same distance between the second and
third. The winner wa's claimed by Mr. G. Drewe.
Sweepstakes of 50 sovs each, h. ft., for three-yr-olds
colts, Bst 71b ; fillies, Bst 31b ; those by stallions or
out of mares that never bred a winner, allowed 31b.
Only one allowance. D.M. (7 fur. 201 yards.) 4
subs.

Mr. Nevill's c. by Paragons, out of Sneer (31h), Bst
41b (Bartholomew) walked over.
Sweepstakes of 50 sous each, ht ft., for three-yr-olds ;
colts, Bst 71b ; fillies, Bst 31b ; those by stallions or
out of mares that never bred a winner, allowed 31b.
Only one allowance. D.M. (7 fur. 201 yards.) 3
subs.
Duke of Bedford's Pugnator, by Weatherbit (3113),
Bst 41b (Pettit) walked aver.
Sweepstakes of 50 sous each, for three-yr-old colts, Bst
71b. D.M. (7 fur. 201 yds.) 5 subs.

Mr. Combe's Tumbler,' krother to Trouncer, Bst 71b.
(Bartholomew) walked over.
The Cup was not challenged for.