The Sun.
London, England, 1864-06-03 00:00:00

TEE StiN, LONDON, FRIDAY EVENING, JUNE 3, 1864.

LAW INTELLIGENCE—(This Day.)

SHERIFFS' COURT.
(Before Mr Commissioner Kerr.)

THE CUSTOM ON THE STOCK EXCHANGE-CLEAVE V.

WATSON AND OTHERS.

This was an action to recover £2, an alleged overcharge
on commission plaintiff being a speculator, and defendants
a firm of stockbrokers of Capel-court.
Plaintiff said he instructed defendants to buy £2,000
consols for him, and there had been an overcharge. De-
fendants had charged 1-16th commission, instead of 1-32 d,
as per contract. It was the custom to charge half commis-
sion where a special agreement was made.
_ .

One of the defendants said that his firm did business upon
no such terms as those stated by plaintiff. No respectable
stockbroker would think of charging I-32d. It could be
amply proved that 1-16th was the customary half commis-
sion.

Plaintiff—But I have here the contract in which express
terms are set out.

Defendant—And I produce the statement of my accounts
with the plaintiff, in which your Honour will see that we
have never charged less than 1.16 th commission.
His Honour—l should think not. It does not seem
likely. _ . .

Defendant—lf any alteration has been made in the terms
of the contract, it is an error on the part of one of our clerks,
who clearly had no right to make it.
Plaintiff—l go only upon your contract given after I had
seen your advertisement, in which you agree to charge only
halt commission.
Defendant--And I may say that we have only charged
that commission to Which we are justly entitled. No
brokers would charge less than 1-16th.
Plaintiff—You perfectly well know that I am entitled to
pay only 1.32 d commission, and this defence is a little
sharp practice on your part.
Defendant—Here is the statement closing the account.
His Honour—You have settled the matter, and now you
try to get the money paid out of the pockets of the defen-
dants by means of the process of this court. Ido not think
that defendants would consent to do business upon the
terms you mention,

Plaintiff—l hold in my hand the special contract signed
on behalf of the defendants by one of their authorised
clerks. In that contract there is an agreement to do the
business for me upon the terms mentioned in it.
Defendant • Shall I call my clerk ?

His Honour—Oh, certainly. It does seem necessary,

Defendant's clerk said that the contract put in originally
stood at 1 IGth, but plaintiff requested that it should be
altered to 1-32 d, and witness altered it in error.

Defendant—As your Honour must know, the usual
broker's commission is 1-Bth, and the half of that is 1-16th.
This sum has been charged all through to plaintiff, and
he has paid it. Our statement shows this, and we are pre-
pared to stand by it.

Plaintiff--Will you swear that you never charged as
little as 1-32 d on contango?

Defendant—l do. I never charged less than 1-16th.
His Honour—l find that defendant's clerk has explained
the nature of the contract, which appears to be an error,
and that the customary charges have been made. De-
fendant will have a verdict,
Verdict for defendants.

POLICE INTELLIGENCE—This Day.

WESTMINSTER.

CAUTION AGAINST INTERFERING WITH THE POLICE
ATTEMPT TO RESCUE A PRISONER —James Paddock,
coal porter, in the service of Messrs Sale & Co., coal mer-
chants, was charged before Mr Arnold with interfering
with the police in the execution of their duty and with
attempting to rescue a prisoner from the custody of a
constab!e.

Policeman 247 B, stated that about five o'clock in the
afternoon of the previous day he was on duty in Brompton
when he took a man into custody. The prisoner came up
and asked him to let the man go, he refused to do so.
Witness told him that if he interfered with him (witness)
he should take him into custody. The prisoner then told
the man to lie down on the pavement. When he dropped
down, prisoner at the same time observed that he would
not go away -anti' he had witness's namo and address.
Witness subsequently had a struggle with the man in his
custody. With the asssistance of another constable the
prisoner was secured and taken to the police station.
By Mr Arnold—The prisoner was drunk, and the man
in my custody was charged with being drunk and incapable.
Mr. Arnold (to the Prisoner)—Well, what have you to
say to the charge ?
Prisoner remarked that he thought the man in the cus-
tody of the police was one of his mates, but he found that
he was in the employment of Messrs Ricketts and Smith.
All he said to the constable was, " Are you going to lock
him up ?" He (the constable) said, " You have nothing
to do with it."

Mr Arnold—When you found that the man was not your
mate you should have gone away.
B 299 corroborated the evidence, and eaid that when the
prisoner ran away he want after him and took him into
custody.
Mr Arnold—You are convicted for an improper interfer •
ence with the police in the execution of their duty.
Prisoner was fined 405., or in default 14 days' imprison-
ment.

AMERICA.

(REUTER'S EIPRESS,)

LIVERPOOL, Jane 2.

The Inman screw steamer City of York, from
New York on the evening of the 18th ult., arrived
The following despatch from Secretary Stanton
here this afternoon, v Queenstown yesterday.
to Major-General Dix, gives the latest information
from the Army of the Potomac

"Washington, 11lay 18, 11.15 a.m.
g, We have no report of operations since my last
despatch. The latest information from General
Grant was that the roads had greatly improved.
Large reinforcements had reached him, sod he de-
signed to move against the enemy without delay.
"It is the design of the Government to keep up
the national force until the rebellion is over
thrown, and in elder to provide against any in-
opportune reduction when the service of the 100
dayb' men go out, a draft to flu up their place, and
all other reductions, will be ordered to take place
on the Ist of July, by which time the new enrol-
ments will be completed.
"No order is yet issued,"

The following official
despatch had been ad-
dressed to the Associated Press by Secretary Seward
in reference to the forged proclamation issued in the
New York World :

"Department of State, Washington, May 18.
"A paper purporting to be a proclamation of the
President, countersigned by the Secretary of Stat ,
and bearing date the 17th day of May, is reported
to this department as having appeared in the New
York World of this date. This paper is an absolute
forgery. No proclamation of this kind or any other
has been made, or proposed to be made, by the Pre-
sident, or issued, or proposed to be issued, by the
State Department or any other department of this
Government.

" WILLIAM H, SEWARD, Secretary of State,"
The New York World has issued the following
explanation of the appearance of the " bogus"
proclamation in its columns

" The World, in common with the Journal of Commerce
and all the city morning papers, was made the victim of a
,walleon't around the extra.
imitating the mani-
foldohfoat xi a
ebyAssos
omcei
astcoodu npdrreesl
s,
ordinary proclamation which appeared in our columns.
mal
i cc
ioopuys
Supposing it was all right, the night editor in charge pub.
lished it in good faith, and the thlsity was ti,,t discovered
until the edition was nearly worked off. The World does
not stereotype its forms, as do several of the other morning
papers; and as it is now working off a very heavy edition
daily, we are compelled to go to press at an unusually early
hour. The Journal of Commerce was deceived in the same
way as the World, and of course quite as innocently. The
Herald, we understand, printed the false proclamation
in a large edition, but, fortunately for them, discovered it in
time to suppress it in their regular edition. We regret ex-
ceedingly the publication, as we have a
just pride in pub-
lishing none but reliable news ; but it was one of those in-
explicable accidents which is liable to happen to any
newspaper establishment."

New Orleans dates to the 11th May had been
received at New York. Generals Henn, Renton,
and Hamilton, and a large number of officers, both
American and Mexican, bad arrived.

Cardinal Wiseman and " The Times."

(From the Queen, Saturday, Tune 4.)

A fine sample of Journalistic morality was given in a late
number of the Tinter, which at the same time, sheds a
curious light upon some transactions which have lately oc-
cupied the attention of the public. In a recent pastoral let-
ter issued by Cardinal Wiseman, the Roman ecclesiastic
and statesman takes occasion to comment with some severity
upon some passages in the letter which Garibaldi addressed
"to the English nation." The phrases which Cardinal Wise-
man selected as the text for his reprobatory discourse were
certain expressions about the "Goddess of Reason" and the
" Temple of Reason" in opposition to the Papacy, and as
the meaning of these phrases must be familiar enough to
those who have studied the history of the first French re-
volution, the Cardinal seized the occasion to ask a question
—not impertinent, under the circumstances—whether the
British nation, and especially that portion of it which
effects orthodoxy in its opposition of Romish domina-
tion, is prepared to follow a worshipper of the " God-
dess of Reason" in his plans for despoiling the Pope
of his temporal possessions. Upon this, the Tinzcs inter-
' posed the is gis of its publicity to defend Garibaldi, and
could find no readier means of doing s i than by accusing
Cardinal Wiseman of a forgery. " Doubts (to quote the
mild explanation of the Times itself) were expressed as to
the genuineness of a passage quoted by his Eminence from
Garibaldi's letter"—in other words, whether words had
not been attributed to General Garibaldi which ho really
never used at all. Cardinal Wiseman, however, is not a
man to be put down so, especially when he has spoken "by
the card," He sends to the Times a copy of Garibaldi's
letter ungarbled, entire, and as he wrote it. To
this there is no reply— litera scripta manet, and the Times
can no more argue the wards out of toe letter than Bas-
sanio could rail the seal from off Antonio's bond. The
manner in which the great journal attempts to extricate
itself from the dilemma is curious. It admits the validity
of the Cardinal's plea, as, indeed, it could scarcely do
otherwise, and then sacrifices the sanity of the recent
god of its idolatry. The version which it had seen of
Garibaldi's letter was that which appeared in the
Morning Post ; which, however, had been garbled, and
Garibaldi's "foolish expressions" were omitted from it.
The Times can now "hardly doubt that the General him-
self, if lie could new revise this strange rhapsody, would
withdraw toe offensive contrast between the idolatry of
Reason end the Papacy." In other words, it can hardly
doubt that when he used those phrases he was not in the
right possession of his senses, and would gladly withdraw
(were it possible to do so) words so calculated to prejudice
him in the eyes of the religious section of the British public.

During the last few days
less animation in the Foreign
Markets. A moderate and Colonial Produce
there has been rather
done in tea at about previousmaintained steady prices.
amountlof business has been
rates, while sugar has
has brought full rates, while
however, a slight decline has n the refined market,if
itaken
rei
ice, p
fl ar c
n. t sCoffee
and saltpetre there has been no material change ass'
regards values. Business In the tallow market has
continued dull for both present and future delivery.
FUNERAL CF A MILITARY KNIGHT OF WINDSOR.
—Yesterday at noon the mortal remains of Major
Robert Cochrane, a brave and veteran officer, and Deputy
Governor of the Military Knights of Windsor, who
ex-
pired at his residence in the Lower Ward of Windsor
Castle on Friel*, last, were interred with full military
honours in the catacombs of St. George's Chapel, beneath
the grass plot facing the Horse .shoe Cloisters. The gal-
lant major, who was much beloved by his surviving com •
racks, had seen much active service, having entered the
army in 1809. He was present at Waterloo, and at the
entry of the Allied Army into Paris. He had received the
war medal and one clasp for the Peninsula, and the Water-
loo medal.
THE SITE OF THE FLEET PRISON.—The Court of
Common Council have entered into an agreement with the
London, Chatham, and Dover Railway Company for the
sale to them of the site of the lete Fleet Prison for the sum
of £60,000; and upon that large piece of ground, which has
lain waste for the last 20 years or more, and been wholly
unproductive to the corporation, the company
intend forth-
with to erect the London terminus of their line of railway,
with convenient approaches.
MALTA AND ALEXANDRIA TELEGRAPH.—Yes_
terday a paper was issued from the Treasury Chambers
showing that during the 14 months ending December 31,
1862, the gross receipts of the Malta and Alexandria line of
telegraph were £38,380 78., of which sum £3,142 158, was
for the two months of the year 1861. The total number of
messages, local and "through," sent in the same period
was 19,797. In the second year of the line, namely,
1863,
the gross receipts amounted to £52,142 98 • 3d., the total
number of messages being 28,067.
MARSHAL PELISSIERS OBSEQUIES.--A letter
from Algiers of the 26th of May states that the
death of Marshal Pelissier produced a very painful impres-
sion throughout the colony. On Tuesday, the 24th, the
public were admitted to see the remains of the Marshal,
which lay in state in the Government Palace.
The desire
was so great to see the inanimate form of the Marshal for
the last time that, to prevent accidents, it became necessary
to place sentinels and police agents at the gates of the
palace to regulate the approach. French, Spaniards, Arabs,
Israelites, and strangers were all admitted in turn. The
Arabs were not the least anxious to obtain admission. The
silence in the interior of the Palace formed a striking con-
trast with the noise of the streets. Visitors passed through
galleries hung with black to the ch,apelle ardente. The de-
ceased was extended on a state bed, dressed in the uniform,
of a Marshal of France. lie held his baton in his right
hand, his kepi lay at his feet ; his head and face were un-
covered, the features unchanged. Priests and Sisters of
Charity were praying round his bed. The passage opened
for visitors was lined with sentinels. Mass was celebrated
in the chapelle ardente on Tuesday morning by the Bishop
of Marseilles, and on Wednesday by the Abbe Suchet,
Vicar- General.
Signor Giuglini will make his first appearance at
Exeter Hall, ;in conjunction with Madame Parepa, Miss
Romer, Mr W. H. Cummings, and Mr Santley, at the
National Choral Society's performance of the " Hymn of
Praise," and " &abet Mater," on Wednesday next. The
band and chorus will number 700, the whole under the
direction of Mr G, W, Martin.

The Dispute between the Coroner and
Vestry of St, Pancras.

Yesterday, at the weekly meeting of the vestry
of St. Pancras (Mr. Churchwarden Lawford in the
chair), the vexed question of the coroner's beadle-
ship was again brought under consideration, by the
production of the opinion of Mr. Lush, Q.C., and
Mr. Welsby, as to their right to dismiss Murrey, a
coroner's officer, and appoint another man, named
Holland, in his place.
After stating their case, the vestry call upon
counsel for their advice as to whether they have
any, and what power, to compel the coroner to
deliver his warrants to Holland, whom they have
appointed ; whether Murrey, having been dismissed
by the vestry, can legally execute the coroner's
warrant and receive payments made by the justices
of the peace ; whether the vestry have any, and
what remedy, against the coroner; whether the
vestry have control over the constable in the execu
tion of the office, and what, if any, proceeding should
be taken by them. The opinion of Messrs. Lush and
Welsby is against the vestry on every point. In
their opinion the vestry have no power to compel
the coroner to send his warrant to any particular
person, and he may send it to any constable or police
officer within the district where the death occurs.
They do not find that the vestry has any authority
under their act to appoint constables or peace
officers, or to designate, under the denomination of
" coroner's beadle," or otherwise, any particular
constables or peace officers to perform the duty of
executing the warrants of the coroner. Murrey
being a constable for the metropolitan district, they
considered that all that was necessary for the pur-
pose. They answer the questions if the Vestry
have any remedy against the coroner or right of
control over the constable in the negative, and do.
not advise any proceedings by the vestry against
either.

Mr. BISHOP moved that the opinion of counsel be
referred to the committee, to report upon the steps
necessary to be taken under the circumstances, but
it was negatived oy a large majority, and the case
and opinion ordered to be entered on the minutes of
the board.