The Sun.
London, England, 1855-11-14 00:00:00

tOP
irb u t

LAW INTELLIGENCE—(This Day.)

COURT OF QUEEN'S BENCH.

(Sittings in Banco.—Be,forc Lord Chief Justice Campbell,
Justices Coleridge, Wightman, and Erle.)
THE HABEAS CORPUS ACT.-JUDGMENT.

A writ of habeas corpus was moved for yesterday by
Mr. Mannisty, to bring up a witness in custody for
examination in an arbitration case, before Mr. Sergeant
Channel], the arbitrator. The Court took time to con-
sider the application, and, this morning the Court deli-
vered their judgment.

SUN OFFICE, Six o'Clock.

Lord Campbell said the Court was of opinion that
the habeas corpus must go. The act provided that a
witness might be brought before a judge for examina-
tion, and, therefore, the question which arose in this case
was whether an arbitrator was a judge within the
meaning of the statute. The Court was of opinion that,
though the learned Sergeant, who was appointed arbi-
trator in this case, was not finally to determine the case,
yet, as the parties concerned were to be bound by the
facts as proved by them before the learned Sergeant, he was
a judge within the meaning of the act, and, therefore, the
habeas corpus should be granted. Mr. Sergeant Chan-
nel! had stated his willingness to go to the prisnn, and
there take the evidence of the witness ; hut as the Court
did ❑ot consider that would be a saving of expense to
the parties, and as the Court had been asked to grant
the habeas corpus, they would do so.
Rule granted accordingly,

SHREWSBTJRY RACES.—(This Day.)

(BY ELECTRIC TELEGRAPH.)

SEVERN STAKES

Romeo
Billingham
Nine ran.
SWEEPSTAKES OF 5 SOVS.

COURT OF EXCHEQUER.
(Sittings at Nisi Prius.)
(Before Mr. Baron •Martin and a Common Jury.)

Alfred
Eardrop
Nine ran.
STEEPLECHASE.

ATKINSON V. NEWTON.
Mr. Heniker appeared for the plaintiff ; the defendant
appeared in person.

This was an action brought by the plaintiff, a widow
lady, to recover of the defendant the value of a quantity
of furniture under peculiar circumstances. It appeared
that the defendant resided at Oakley Villa, King'~-road,
Chelsea, the plaintiff and her daughter occupying un-
furnished apartments therein, Shortly after the plain-
tiff had taken possession of the apartments a distress
was put on the premises for rent, when the plaintiff
kindly assisted the defendant by allowing him to pledge
her furniture for the amount required to satisfy the dis-
tress on his promising to redeem it in three weeks.
The furniture, which the plaintiff valued at 801., and
a miniature at twenty guineas, were accordingly
pledged, the plaintiff obtaining 221. on the former, and
251. on the latter. There were also some other matters
of dispute arising out of money advanced. The pawn-
broker, who had advanced the money on the furniture,
said the property would not fetch more than 351. at an
auction, and he would undertake to replace the furni-
ture by articles of the same quality for 401.

Emigrant
Star of England
Odiham .
Twelve ran.
MILITARY RACE.

Starlight
Beggar Boy
SWEEPSTAKES OF 25 SOVS

Polestar
Little Davie
HURDLE RACE

Garland

Twelve ran.

NAVAL INTELLIGENCE.—(This Day.)

Mr. Baron Martin, in summing up, said the defend-
ant by his pleas had given no answer to the plaintiff's
claim. With regard to the furniture there could be no
doubt it could be seized under the distress for rent, but
it was a very kind act on the part of the plaintiff to
allow the defendant to pledge it. He bad not returned
it at the same time agreed on, and the plaintiff had sued
him for damages. I❑ estimating that damage the jury
would have to decide between the amount claimed,
which, no doubt, was the value of the articles to the
plaintiff, and the sum received by the witness, a man
connected with the trade.

Whilst the jury were considering their verdict, the
defendant offered to give up the tickets of the property,
which was accepted by the plaintiff, and a verdict by
consent was taken for 351., settling the question of the
rent between the defendant and plaintiff up to Septem-
ber ; Baron Martin remarking that the plaintiff had be-
haved very handsome to the defendant.

BAIL COURT.

Before Mr. Justice Crompton and a Common Jury.)

WIXTEED V. PENNELL.

Mr. Petersdorff appeared for the plaintiff, and Mr.
Peirce for the defendant.

This was an action brought by the plaintiff to recover
971., money lent, to which the defendant pleaded he was
not indebted ; secondly, that he had a set-off of equal
amount to the money claimed ; and thirdly, that he had
paid the defendant. It appeared that the plaintiff re-
sided at Jubilee-place, King's-road, Chelsea, and at the
time of the advance was out of business. The defendant
was a zinc-worker, of Chelsea, a friend of the plaintiff, and
being in want of pecuniary assistance an arrangement
was madebetween them that the plaintiff should advance
the defendant 1001., the plaintiff giving his service as clerk
and to assist the defendant in managing the business at
a salary of two guineas per week, which was subsequently
reduced to 30s. The plaintiff at first advanced 60/.,
which was subsequently increased to 1111. The first ad-
vance took place in March, and in July the defendant
said he did not require the plaintiff's assistance any
longer, and took possession of the books in which the
eniries of the advances were made. After that the par-

ties met, the accounts were gone through, and the defen-
dant admitted himself to be indebted to the plaintiff in
971. ; and it was to recover that sum that the present
action was brought.

The jury returned a verdict for the plaintiff.

POLICE INTELLIGENCE.—(This Day.)

SOUTHWARK.

IMPUDENT ROBBERY.—John Onjiths, a dirty-looking
young fellow, was brought before Mr. Combo, charged
with stealing a roil of carpet, value 51., from the shop of
Mr. Holland, the extensive furniture dealer in Newing-
ton-causeway.

James Cannon, a porter in the employ of the prose-
cutor, said that be was inside the warehouse last evening
attending to his business when he heard a loud noise at
the doorway, where several piles of carpets and blankets
were standing. He immediately proceeded to the front
of the shop, and perceived the carpets and blankets
lying on the pavement, and on looking round he saw the
prisoner with a roll of carpet in his arms, which he was
running away with. As soon as he saw witness follow-
ing him he threw it down and attempted to escape, but
be ran into the arms of a police-constable, who safely
lodged him in the station-house.

Jane Cannon, wife of last witness, said she was near
the shop door, when she saw the prisoner come up to the
doorway, seize a piece of carpet in his arms, and run
away with it. In doing so he caused the whole pile to
fall, which attracted the attention of her husband, and
she distinctly pointed out the prisoner as the party who
committed the robbery.

Mr. Combe said the case was pretty clear against the
prisoner. He therefore asked him whether he preferred
going to the Sessions to be tried by a jury or plead before
him I The prisoner, after a little hesitation, said he did
not much like to go to the Sessions, as the jury were
such queer chaps ; he would rather his worship dealt
with him, as he was guilty, and it was no use denying it.
Mr.- Combe committed him fur three months, with
bard labour, under the "New Criminal Justice Act."
The prisoner said he was very much obliged to his wor-
ship, as he had no home and was in great want. In the
gaol he would be warm and comfortable throughout the
worst of the winter.
Committed for three months.

MARYLEBONE.

The following appointments was made at the Admi-
ralty this day :

LIEUTENANT.
A. C. Ballingall, to the Polyphemus.

ASSISTANT CLERK.
William Harriott, to the Arachne.

MASTERS' ASSISTANTS,

Thomas Silk, to the Impregnable.
C. L. Pope, to the Sampson.
THE QUALIFICATION FOR CLERKSHIPS.

The memorandum relative to the qualification required
for clerkships under the Admiralty, which appeared in
the newspapers was not intended as an invitation to can-
didates to offer themselves for a competitive examination,
but was inserted that the public might be made ac
quainted with the subject of which persons nominated by
their lordships would be required to have a knowledge.

WEST INDIA AND PACIFIC MAILS.

SOUTHAMPTON, Tuesday Evening.—By the Royal
mail steam-ship Atrato, C tpt. Baynton, we receive
dates from Greytown, Oct. 17th ' • Carthagena'
26th ; Jamaica, 27th ; Demerara, 25th ; Trinidad,
25th ; Barbadoes, 27th ; St. Lucia, 27th ; Antigua,
29th ; and St. Thomas's, 31st.
The Atrato brings 45 passengers and eight dis-
tressed British seamen. On freight there is specie
value] at $834,708 ; plata pina, $2,100 ; jewellery
and precious stones $2,418 ; 354 ounces of old
silver, and a cargo, consisting of cochineal, bark,
sarsaparilla, &c.
During the voyage the Atrato, on the 6th inst.,
in lat. 38.51 N., long. 49.12 W., spoke the brigan-
tine Star, 16 days from Newfoundland, bound to
Trinidad ; on the 12th, in lat. 48.47 N., long.
11.41 W., exchanged colours with a Hamburg ship
showing No. 282, with emigrants, steering to the
westward ; also, in lat. 48.54 N., spoke the Eng-
lish schooner Rose, steering to the eastward ; also
exchanged colours with the British bark Agnes, and
on the 13th passed the English screw-steamer Ot-
tawa and the Peninsular mail steam-ship Tagus ;
all steering east.
The Royal mail steam-ship Dee arrived out at
St. Thomas on the 24th ult.

At Jamaica the House of Assembly was in session.
The flour-market was active, and one speculator
had purchased nearly the whole stock at 465. Flour
was being held at 48s. to 50s. In corn there was
no inquiry, and holders were willing to take low
rates. Some small lots of sugar had been sold
at 225.

Exchange was quoted, for bills at 90 days, 1 per
cent. premium.
At Barbadoes the weather was highly favourable
for agricultural operations. Trade continued lan-
guid.
The following is complete return of the late
crop, including the portion of the cargo of the brigs
Sarah (burnt) and New City of Cork (lost in the
gale of the 24th of August) :
Sugar.-37,652 hlids., 2,232 tierees, 6,505 brls.,
equal to 39,953 hhds. shipped, the local consump-
tion being estimated at 4,000 hhds.
Molasses.-12,371 puncheons, 204 hhds., 471
barrels, equal to 12,590 puncheons.
Rum, 1,178 puncheons, 612 hogsheads.
Cotton, 371 bales.
Aloes, 1,025 gourds.
At Grenada a great quantity of rain had fallen,
and great injury bad been done to the roads.
The intelligence from this island is entirely de-
void of interest.

. _
At St. Lucia and other West India Islands great
rejoicings had taken place, iu commemoration of
the success of the allies in the Crimea.

The exports of produce for 1855 closed as follows :
—Sugar, 4,656 hogsheads, 255 tierces, 2,250 brls. ;
molasses, 85.5 puns., 14 tierces, 31 brls. ; rum, 2
'
pipes, 230 puns 132 hhds., 33 quarter casks ;
cocoa, 3 casks, 45 brls., 1,371 bags ; logwood,
1,1011 tons ; hides, 860 ' • cedar boards, 49 ; coffee,
2 brls. and 7 bags, &c. The growing canes looked
healthy, and there is every probability of a good
crop. The weather was rainy, and the island
healthy.
At British Guiana the new Harbour Regulation
Bill had passed. The subject of the water supply
and drainage was occupying attention.
The weather was fine, and all the estates were
busily engaged in making sugar. The canes for the
next year's crop looked well.
The exports from the colony during the last fort-
night have been as follows :—Sugar, 0,232 hhds.,
136 tierces, 576 brls., 3 half-brls., 773 bags mo-
lasses, 359 puns., 10 hhds., 16 brls ; rum, 1,661
puns., 292 hhds., 119 brls. ; coffee, 1 brl. ; cocoa-
nuts, 9,900 ; rice, 500 bags ; salted hides, 400 ;
greenheart timber, 322 logs ; bark, 14 tierces, 50
barrels ; iron (old), 50 tons ; copper (old), 2 tons ;
pewter, 1i tons.
Tonnage was becoming more scarce, and freights
rising.

At Trinidad matters were dull, and the weather
very hot.

At Chili Congress was adjourned ; there was a
great depression in commercial matters ; copper
was very scarce. From Bolivia we learn that
scarcely had Belzu left before revolutionary move-
ments broke out in various places. Oa the 16th
of September Colonel Gutierrez, Dr. Tapia, Gen.
Lanza, and Colonels Montalvo, Yanes, Marin, and
many others raised the revolutionary standard in
Pucanori. General Molena, with a force of about
100 men and 2 guns, marched to attack the revo-
lutionists, but Lanza, hearing of his approach, left
the town ; he was, however, afterwards met by the
Government forces, and Zapata and Moscoso, two
of the revolutionary leaders, were killed.
In Corocoro Dr. Linares and others also got up
a revolutionary movement, but it was put down by
the National Guard, and the arrival of the cavalry
who had accompanied Belzu to the coast. Linares
and the other leaders escaped. Some of the perio-
dicals of La Paz state that the revolution is quite
put down in the north, but in Oruro, Cochleanba,
Santa Cruz, and La Sierra all was not yet quiet.
In Peru the Convention still continued in ses-
sion. The question of religious toleration was
exciting great interest. The press complains of
the disorganised state of affairs at the Chincha
Islands, and the insubordination of the labourers.
Letters had been received from the gold-hunting
party who started for the Amazons under the au-
spices of Government ; they had experienced many
hardships. Gold was found by the Indians in the
neighbourhood of Pancortumbo ; it is described as
similar to the gold of Australia.

UNPROVOKED ASSAULT UPON A CHILD.— Georgiana
Charlton, a dissipated-looking woman, was charged be-
fore Mr. Broughton with assaulting Lucy Paris, aged 13,
who is residing with her father, a shoemaker, at No. 10,
Nottingham Mews.
The complainant, an intelligent child, said that about
four o'clock yesterday afternoon she was in High-street,
Marylebone, near the police-office, when she saw the
prisoner, who was intoxicated, in the company of another
female standing before the Black Dog. She called corn-
plainant to her three times. Complainant did not like
to go to her as she was in liquor ; but, upon being so THE PENINSULAR MAILS.
repeatedly spoken to, she went up to her, when she was SOUTHAMPTON, TUESDAY NIGHT'
immediately struck by the prisoner upon hbr face and By the Peninsular and Oriental Company's
nose. The blood flowed in a stream from her nose, steam-ship Tagus, Captain Weeks, we have dates
Upon seeing the assault several persons told complainant fr3m Gibraltar to November 4 ; Cadiz, 5 ; Lisbon,
to give the prisoner into custody. The prisoner went 9' • and Oporto and Vigo, 10.
away, and got as far as the Shepherd and Flock. She The Tagus brings 24 passengers, among whom
went in there. Complainant saw a policeman, and are Sir John Rennie and his Excellency Senor
stated to him what bad occurred. Leon Vicondo Don Fontes, Portuguese Minister of
Policeman D 183 said that he took the prisoner into Finance ; seven packages of specie, valued at
lainant was then bleeding at and the. usualli cargo of fruit, &o.
custody, and that the comp
Lisbon
of
onxe Ateigence has been anticipated by
the nose. Her pinafore was covered with blood. He the areriva
took the prisoner to the station-house. She was drunk. At Gibraltar the following transports had ar-
Mr. Broughton asked if the prisoner was known. rived, en route to the Crimea :—The Amity, nine
The policeman said that she was a most notorious days from London ; the Helena, eight days from
drunkard, and bad been repeatedly at that Court. She London ; the Scansander, eight and a-half days
was allowed a sum of money weekly by her husband, from London ; the Golden Queen, ten days_forotm
who bad parted from her in consequence of her habits,. London ; the Lady Eglinton, five days frof
nrd erns -
but she spent it all in gin. He had seen her that day mouth ; the Redschid, eight days from o ;
for two hours going to different public-houses. the Eglinton, six days from London.
The prisoner said that she was annoyed by the corn-port Urgent, with 1,000 troops on board for
plainant and other children. The Madagascar reported that the steam- s-
tran
Malta, ran ashore on a reef of rooks close to that
The policeman denied that to be the case. island.
Mr. Broughton remarked that drunken women must The screw steam-ship Frankfort, seven days from
expect to be annoyed by children. Liverpool, arrived at Gibraltar on the 30th ult.
The prisoner w:.-2 fined 205., or,
,in default a month's i Exchange on London, for bills at 90 days, was
. 4
aprisoz Bu & quoted at 511; Paris, sf. 39c.
w;. -