The Sun.
London, England, 1855-06-06 00:00:00

COURT OF COMMON PLEAS.

(Sittings at Nisi Prius before Mr. Justice Williams and
a special jury.)

BARNSTAPLE ELECTION.-GRANT V. GUINNESS, M.P.
The hearing of this case was resumed this morning
from Wednesday last in a crowded court.
Mr. James, Q.C., and Mr. Powell were for the plain-
tiff, and Mr. Wood for the defendant.

The action, it will be recollected, was brought to re-
cover the sum of 1361. 18s. 6d., the amount alleged to
be due for the defendant to the plaintiff for services per-
formed and money paid by him at the election of Mr.
Guinness for the borough of Barnstaple.
The trial was adjourned for the production of further
evidence in proof of the plaintiff's claim.
Mr. Jerwood, the election auditor, was called, and
stated that, to the best of his belief, in the accounts sent
in there was none from thd plaintiff.
The defendant himself was then recalled, and was
examined at some length.
The trial was proceeding when our despatch wAs for-
warded, and was expected to occupy the whole of the day.
(Before Lord Chief Justice Jervis, and Justices Mania,
Cresswell, and Crowder.)
WALKER V. BARTLETT.

Mr. Macnamara applied for a. rule to set aside a non-
suit in this case, which was directed to be entered by
Mr. Justice Williams, at Guildhall, and to substitute a

verdict for the plaintiff. The action, it appeared, was
brought to recover the amount of some calls paid by the
plaintiff on some mining shares, after these shares had
been made over by the plaintiff to the defendant. The
first count was a promise to indemnify the plaintiff
against all future calls ; the second was a promise to re-
gister the shares ' • the third was upon a duty to register
the shares ; and the fourth for money paid by the
plaintiff for defendant's use. The plaintiff, the
learned counsel said, was registered as the holder
of 500 shares, which he sold to the defendant
for the sum of 3001., and the main question in the
case was whether the plaintiff had executed and delivered
a request to transfer those shares to the defendant. The
jury found, upon the plaintiff's evidence, that he did
execute the trausfet, but that it was in blank. Upon
these facts the learned Judge directed a nonsuit. The
learned counsel having been further heard in argument
upon the facts and cases he cited bearing upon his appli-
cation,
The Court granted the rule.
Mr. Sergeant Byles said he appeared on the other
side, but would not trouble their lordships with any
argument then, whereupon
The Court suggested that he should add to the rule
just obtained, that the defendant should be at liberty to
retain his nonsuit, which would place the parties on an
equal footing.

BAIL COURT.
(Before Mr. Justice Wightman.)
THS QUEEN V. DR. RICHARD KING.

Mr. James, Q.C., applied for a certiorari to remove the
indictment in this case, which was for an alleged assault-
from the Middlesex Sessions into that Court, on the
affidavit of the defendant, who believed he would not
otherwise have an impartial trial. The prosecutor in
this case is a chemist, residing and carrying on business
in Bond-street, and the defendant a physician, practising
in Saville-row, and the assault complained of arose out
of a misunderstanding relative to the making up of a
prescription.
The Court granted the application.

MARKET NEWS-(THIS DAY.)

CORN EXCHANGE.

The show of English wheat in to-day's market was very
moderate. Although the amount of business doing in all
kinds was limited, and the demand far from active, Mon-
day's prices were supported. .
Rather over 11,000 quarters of foreign wheat have come
in. The inquiry was limited, yet holders were firm, at
full quotations. Floating cargoes were quite as dear as
last week. _ _ _ _ _

Barley and malt changed hand's slowly, on former terms.
The supplies were small.
We were fairly supplied with oats, which moved off
slowly, at barely late rates.
Beans, peas, and flour were slow in sale, but not cheaper.

English ..
Irish •• • •
Foreign ..

THE SIEGE OF SEIL4STOPOL.

:Front, the Special Correspondent of ate Morning Herald. )
ENGLISH CAMP, HEIGHTS OF SEBASTOPOL, MAA, 23.

.The intense interest and anxiety with which we were al' I
waiting news of the Kertch expedition has been considerably
diverted by a desperate attempt which our Allies made last '
night to capture one of the enemy's advanced trenches, and
which, after gaining possession of, they were, after a long
and most bloody encounter, compelled to evacuate.
Since the efforts of the French against the Flagstaff Battery
have lately become so marked the Russians have exerted
themselves to the very utmost, either to prevent its capture
or to render it useless to us when taken. For this purpose
they have toiled night after night, erecting new works in the
rear of it, and throwing up fresh advanced trenches, so as to
hinder and almost arrest the approaches of our Allies.
A few nights since the French sprang two or three small
mines, not only for the purpose of injuring the Flagstaff, but
to aid in the formation of a new parallel, which was intended
to take part of the battery in flank. The mines were perfectly
successful, and on the night following this explosion the
French proceeded to construct this flank work. To the pro-
gress of the latter, however, the enemy offered the most de-
termined resistance.
But while the French were thus compelled to desist, the
enemy were doubly busy. During the whole of this time
the enemy's "fatigues" never slackened for an instant, and by
the morning of yesterday, the 22c1, they had entirely completed
a new advanced trench, which, at a distance of only2o yards,
crossed at right angles the intended new French parallel, the
further progress of which was by this manoeuvre completely
hindered. The formation of this trench was instantly re
ported to General Pelissier, who came and inspected it, and
discovered that not only had the cross trench itself been com-
pleted, but that two flanking covering trenches, placed so as
to completely enfilade the most advanced one, had likewise
been thrown up, though apparently they seemed incomplete,
and barely fit for service. The result of the reconnaissance of
the whole position was, that it was considered of such im-
portance that not a moment was to be lost in enpturirg it at
any cost. Yesterday evening, at 9 o'clock, was fixed on for
the attempt ; 500 Chasseurs, 2)0 of the Imperial Guard, with
about 1,200 Zouaves, were told off as the assaulting party,
with a reserve of 2,500 men of the Guard and Zouaves.
Everything was arr nge I with the utmost secresy, only the
oiight, which was fine, clear, and calm, seemed slightly against
the success of the attack—at least, as a surprise.
The force quitted the French trenches in two strong
columns, about 200 yards apart. The plan of the attack was
to enter the trench at its two angles, so as not only to secure
the advanced trench itself, but to enfilade and command the
flanking ways which led to it. Unfortunately, the plan does
not appear to have been well carried out. From ignorance
of the ground, which was still further disfigured by the
springing of the mines, one column went too much to the
left, while that on the right mistook its way altogether, and
did not come into action until some time after the left
column had been deeply in want of its assistance. The at-
tacking party on the left proceeded some distance without
seeing any indications of the advanced trench. A halt wa,
called, and doubts were expressed as to having deviated from
their proper attack. In the midst of the conversation which
this led to, the Russians appear to have completed all their
defensive preparations, and now from the trench on the left
fired a tremendous volley into the French. At this attack,
the doubts of the latter were instantly solved ; and, mis-
taking the flanking trench on the left for the advanceh
trench, they commenced their attack on it, striving to close
with the bayonet ; but the natural difficulties of the ground
with which our allies had to contend were almost insur-
mountable. Broken masses of stones, pits, mounds,
gabions, and fascines cumbered the earth in all directions.
Amidst these obstructions the French Guards and Zouaves
got involved for a considerable time, exposed to a murderous
fire from the enemy, which they were almost entirely unable
to return. Our allies fell in all directions, yet still gallantly
pressing on they reached the breastwork. At this point a
series of most desperate encounters took place. Four or five
times the French crossed tke breastwork and got a strong
footing in the trench, but the heavy file fire which, from
under cover of the different beastworks, the Russians were
able to keep up, prevented their retaining their conquest.
To add still farther to their disadvantages, the Russian bat-
teries had now got their precise range, and threw regular
volleys of grape and shell into their ranks. Nevertheless the
assailants did not abandon the attack, but despatching mes;
sengers for reinforcements, continued their onset with deter-
mined courage. Suddenly, in the midst of the melee, .the
column which had departed to the right, attracted by the
firing, now returned, and joining with the reserve column
of upwards of 2,000 men, which had advanced to support
the attack, poured in upon the advanced trench. Had this
onset been made with the left column, an hour or so sooner,
there is no doubt it would have been completely success-
ful, but as it was, the continued: fighting had thoroughly
alarmed the enemy, and strong columns of their troops lined
every part of the work. Nevertheless, the attack was so im-
petuous that the French succeeded, after a close and bloody
contest, in getting a footing in several parts of the trench,
and then commenced a fight for its psssession such as has not,
for ferocity and bloodshed, been equalled during the siege.
By mere dint of bayonetting and stabbing, , the French ma-
naged to clear the advanced trench of the enemy and effect a
junction with the left column, which had maintained a footing
'in one of the covering trenches. From the latter point, how-
ever, they were compelled to retire. The two covering
trenches remained in the hands of the enemy, but the ad-
vanced cross trench the French held completely. The hand-
to-hand struggle, then ceased. The French strove to throw
up a breastwork, so as to cover them from the fire of the
enemy. In this they were unsuccessful. From every point
of the Russian batteries, commanding the trench, a fire of
artillery was poured upon them with such density and effect
that whole companies were swept away before it. Still they
held their ground, though under the fire of the batteries
they fell by scores. Strong parties of the enemy occupied
the covering trenches, and from their position were enabled to
enfilade the advanced trench with a murderous fire of
infantry. It was a mere slaughter of the French.
Twice driven to desperation by the cross fire from
the trenches, they sallied out and attempted to
carry them at the point of the bayonet, but these mere
ebullitions of valour were of no avail against the strong works
and well-organised resistance of the enemy. In both cases
the French were driven back with loss, and retired to the
cross trench, where they still continued to malt away under
the devastating fire of artillery and musketry. It was close
on dawn when a message was sent to the French general,
informing him that nearly half the column had fallen in the
attempt to hold the place ; that it was a mere useless waste
of life, as by daylight it would be utterly untenable. The
answer was returned, that they were to gather their dead
and wounded, and retire. This they accordingly did at about
four in the morning, after having maintained the sanguinary
and unequal contest for more than six hours, and lost, it is
said, the awful number of 1,300 men, killed, wounded, and
missing.
The Russian loss must also have been most severe, but from
the fact of their men fighting entirely under cover, it is not
supposed to be as heavy as that of the French.
•The latter
failed, not from want of courage or discipline, as one half of
the valour and constancy they displayed would have been
sufficient to have captured any of the Russian batteries, but
simply from their mistaking the route and attacking the
trench at a wrong point, where the work, if carried, was un-
tenable. The affair has cast rather a gloom over the French.
No less than 31 of their officers are said to be killed or
wounded. It is said that if it costs 10,000 men, the place
must be taken, and that another attempt will be made this
evening.

MAT 24.
As was anticipated, the French made another attack upon
the advanced trench last night, which was completely suc-
cessful.
This time the plan was better arranged—under the imme-
diate care of General Pelissier himself, who informed the
troops that if they failed then, they must attack again at day-
break, and continue to attack until the trench was in their
possession.
Three columns—each 3,000 strong—were chosen for the
assault, and started just as dusk was commencing—two
slightly in advance, for the capture of the covering trenches
on each side, and the centre column for the trench itself. In•
spite of all the vigilance of the. enemy, the right and left
columns closed with the covering trenches before they were
discovered and instantly attacked them. For a moment the
Russians seemed bent on an obstinate resistance, but the
attack at such an early hour of the evening (a little after
eight) evidently took them by surprise, and after a short
struggle both trenches were captured, the enemy flying in all
directions. Numbers of them were shot and bayoneted on
the spot. Almost at the same time the centre column attacked
the cross trench ; but here the enemy,.being prepared and in
greater force, a desperate contest took,place, and it was not
until after about 20 minutes' hard fighting that the French
were enabled to get possession of it. As its defenders retired
they were completely decimated by the cross fire to which
they were exposed from the French in the covering trenches.
The instant that possession was obtained half the troops
were set to work to remove the gabions and breastwork from
one side of the trench to the other, so as to shelter the assail-
ants from the fire of. 'the batteries, while the remainder,

'ormed into two strong columns, advanced to attack the Rus-
dm soldiers who had been driven from-the position, and who
were halted at a short distance in the rear, evidently waiting
for reinforcements to attempt a re-capture. Upon these the
French rapidly advanced, and the Russians, though inferior
in numbers, did not decline the contest. As our allies came
on, the enemy deployed and received them with a smart file
fire, to which the French never returned a shot until within
pistol range, when they, too, deployed, and firing one. heavy
volley, charged with the bayonet. The Russians fell into
confusion, and, as I am informed, after shouting for a few
minutes, threw away their' arms and fled, the great mass
of them keeping to the right in the direction of the Ceme-
tery, which lies outside the town on the left of the Redan.
The French, who were now thoroughly roused, and
bent upon revenge, followed them closely, and bayonetted the
fugitives by dozens. No' quarter was asked or given. In
this manner our allies pursued them for nearly half-a-mile,
till both Russians and French arrived at a deep trench and
, breastwork on the left of the Redan, beneath the Garden
Battery. Into this the flying enemy scrambled, and the
French after them. A strong force of Russians seemed to
hold this trench, but they appeared perfectly panic-stricken
by the flight of their comrades, and, after discharging their
muskets in an irregular fusillade, fled with the rest, leaving
the French in undisturbed possession of the second trench.
At this point the commander of tile French columns wisely
called a halt. They had already penetrated into the enemy's
lines further than any of the allies had been before, and to
continue the advance with such a small force, and without sup-
port, would have been mere madness. As it was, they might
have difficulty in effecting their retreat. A hasty examina-
tion was made of the trench, and one of the soldiers, who hai
advanced further than thefrest up the parallel on the right, came
running back and reported that there was a new bgttery
there. The whole force instantly advanced in the direc-
tion intimated, and truly enough found that in a large
obtuse angle of the breastwork a new battery had been
formed, and was totally abandoned. It mounted some
tight or ten heavy long guns, four mortars, and a number of
cohorns. Not a moment was lost in turning the discovery
to account. Half the force was instantly formed out in co-
lumns, with out picquets to give notice of the approach of
the enemy, who was now momentarily, expected, and keep
them, if possible, in cheellit'll the destruction of the battery
was completed. The reL.or.kbe troops, piling their arms,
commenced the work oG.c ruction. The long guns were
instantly spiked, overturn -the trunnions of the guns
knocked off, and the spokes o tthe carriage wheels chopped
to pieces. Some, which were ships' guns, had their small
wooden wheels split up, and the carriages thrown over the
breastwork. The timber tramways of the guns were levered
up and carried away. The mortars were spiked, their beds
overturned, and the trunnions of two knocked off. The cb-
horns were captured and sent, away immediately. But bad
as this was, it was by no means all the mischief that was
effected. Not more than 100 men were employed about the
guns—the rest (upwards of 2,000) were engaged in destroy-
ing the earthwork. All the gabions were dragged out,
pulled to pieces, and their earth and stones scattered about.
The sand-bags were pulled down and cut in two, and altoge-
ther the whole parapet of the battery was levelled with the
earth. While this was going on, all the Russian batteries
had opened, and were in full play, though principally
upon the advanced trenches, which had been captured early
in the evening. In their demolition of the battery the
French were hardly disturbed by a single shot. Large
masses of Russian infantry were, however, collecting near the
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