The Sun.
London, England, 1852-11-04 00:00:00

HOUSE OF LORDS.

The new Parliament was opened in the House cf
Lords by Royal Commission. The Lords Commis-
sioners were the Lord Chancellor, the Duke of Nor-
thumberland the Marquis of Salisbury, the Earl of
Lonsdale, and the Duke of Montrose.
The Lords Commissioners took their seats at the
foot of the Throne shortly after two o'clock, when
The LORD CHANCELLOR, advancing to the Wool-
sock, directed Sir A. Clifford, the Usher of the Black
Rod to summon the members of the House of Com-
mons to give their immediate attendance at the bar.

The Usher of the Black Rod accordingly retired and
in a few minutes afterwards he returned to the House,
accompanied by Sir D,-nis Le Marchaut, the Chief
Clerk of the House of Commons, and a large body of
the new Members. The Chancellor of the Exchequer,
Mr. Secretary Walpole, Sir John Pakington, and
other members of the Cabinet being among the fore-
most.

The Chief Clerk of the House of Lords then read
the Royal Commission for the opening of Parliament;
after which

The LORD CHANCELLOR, in the name of her INIA.•
JESTY and by virtue of the Commission which bad
just been read, directed the gentlemen of the House
of Commons to retire to their own chamber and
choose a Speaker. The Members of the House of
Commons accordingly withdrew.

Their lordshipe then adjourned, prayers having
finished, the swearing in of the Peers was proceeded
with.

HOUSE OF COMMONS.

The Reporters' Gallery was thrown open at half-
past one o'clock. During the recess the interior of
the House has undergone some slight alterations.
The large chandeliers which last Session proved so
offensive to the eye-sight, have been removed, and the
shaded lights in
.the ceiling of the House consider-
ably improved. In all other respects, the House
remains in the same state as formerly, with the ex-
ception that some slight upholstery work has been
added to the gallery, for the convenience and comfort
of the reporters.
On entering the House, we found a large cluster
of members already assembled on the floor, chatting
noisily together in knots, or warmly shaking hands
and welcoming each other's return to the House.
Shortly before two o'clock, Captain Gossett, the
Deputy Sergeant-at• Arms, appeared upon the floor,
bearing the Mace, which he laid at the foot of the
table. At this period the House was beginning to
get very full ; amongst the old faces present, we
recognised those of the following gentlemen :
Mr. Masterman, Mr. Spooner, Mr. Bernal Osborne,
Mr. J. A. Smith, Mr. Brotherton, Mr. Christopher,
Mr. Hindley, Mr. George lludson, Sir F. Thesiger,
Mr. E wart, Mr. Carter, Mr. Baron Rothschild, Mr.
Duncan, Mr. R. Palmer, Sir F. Kelly, Sir Jas. Duke,
Mr. Mackenzie, Mr. Gladstone, Mr. W. Williams, Sir
J. Trollope, Mr. Hildyard, Mr. Newdegate, Mr. L.H.
Lennox, Mr. Sanders, Mr. Scott, Mr.Thorneley, Mr.T.
Baines, Sir F. 13 aring, Mr. Sergeant Shee,Capt.Bateson,
the Marquis of Chandos, Mr. Secretary Walpole, Mr.
G. A. Hamilton, Sir Shaw Lefevre (late Speaker),
Mr. M. Chambers, Mr. Hume, Mr. Henley (Secre-
tary of Board of Trade), Sir R. H. Inglis, Colonel
Dunne, Mr. B. D'lsraeli (the Chancellor of the
Exchequer), Mr. T. Duncombe, Sir J. W. Hogg,
Sir J. Pokington (Colonial Secretary), Mr. Herries
(President of the India Board), Mr. J. Wilson, Mr.
Geach, &c. &c.
Those who were in any way attached to the Go-
vernment took their seats upon the Ministerial benches;
while the other members, who had occupied seats in
former Parliaments, took up their old positions, either
as supporters of Her Majesty's Government, or fol-
lowers of Her Majesty's Opposition. The Chancellor
of the Exchequer looked very much fagged and care.
worn, and so, indeed, (lid Sir John Pakington, the
Secretary of State for the Colonies ; and Mr.
Hamilton, the Secretary for the Treasury ;
but all the other members of the Govern-
ment, who mustered in great force, appeared
to be full of health and spirits. Mr. Hayter,
the " whipper in" of the Opposition, was early in
attendance, and seemed to be busily intent upon cal-
culating the extent of his forces, while Lord Henry
Lennox did the same kind office for the Ministerial-
jets. The front bench in the Opposition Bench was
quite empty, if we except the presence of Mr. J.
Wilson, and Mr. T. Baynes, who took up their posi-
tion at the extreme end of the bench.

Shortly after two o'clock, there was a general move
from the body of the House to the seats, and almost
immediately afterwards, Mr. Williams, the principal
doorkeeper, appeared upon the floor, ushering in
The Usher of the Black Rod, who was arrayed in
full uniform. Advancing to the table, and ad-
dressing the Chief Clerk, he said : "Gentlemen, I am
commanded by the Lords Commissioners, by virtue
of the writs addressed to them by her Majesty,
to require the immediate attendance in the House of
Peers of this honourable House to hear the Royal
Commission read."

The majority of the new Members, headed by Sir
Denis Le Marchant, then left the House.
In the absence of the House, Lord John Russell
came in and took his seat below the gangway, nex
to Mr. Gladstone, with whom he held a brief con-
versation.

After a short absence the Chief Clerk returned to
his seat at the table, when the election of the Speaker
was immediately proceeded with, the right hon. gen-
tleman, who filled that elevated post in the last
Session, being meanwhile seated in the front bench
of the Ministerial side jnst below the gangway.

RE-ELECTION OF THE
SPEAKER.

Mr. ROBERT PALMER said it now devolved upon
the House, in obedience to her Majesty's commands,
to proceed to the performance of its first and
most important duty, namely, that of selecting
from their own body some Honourable Member
who should fill during the present Session the chair
of the House. He begged, therefore, to propose for
that office the Right Hon. Charles Shaw Lefevre,
who had already filled the chair for a period of 13
years. (Cheers.)
The motion having been seconded by Lord ROBERT
GROSVENOR, was, after a brief debate, of which we
shall give a full report in our third edition, put to the
vote, and carried.
The Speaker then took the oaths, and ascended the
chair, after which the House adjourned till to-morrow
at two o'clock.

OVERCROWDING LODGING•HOUSES..-- Yesterday
evening Mr. G S. Brent, the deputy coroner, held an inquest
at the York Arms, East-street, Manchester-square, on the
body of Mary Jordan, aged about 70, who was alleged to
have died through breathing the impure atmosphere of an
overcrowded lodging-house. After some consultation, the
jury returned a verdict of natural death, but appended the
following addendum :—" The jurors cannot separate without
expressing their hopes that the Legislature will speedily
pass some enactment to prevent the overcrowding of per-
manent inmates in lodging-homes, as has been already done
with respect to the overcrowding of casual inmates in what
are termed common lodging-houses."
LAD VERTISEM EN T.] —HOLLOWAY'S OINTMENT AND
PILLS role THE CURE Or WOUNDS IN THE L=G.—EX-
tract of a letter from Mrs. Simpson. of Bramley, near ,1
Leeds, dated October 16, 1852.—" To Professor Hello.-
way.—Sir,—l was afflicted for eighteen months with a
very bad leg, in which there were three deep wounds, I
tried all kinds of remedies, and was under the care of' dif-
ferent surgeons here, and at Leeds, but derived no benefit
from their treatment. I was at last advised to resort to your
ointment and pills, and I am happy to say, that by the use
of these valuable medicines, my leg is completely cured and
as sound as ever it was."—Sold by all druggists, and at Pro-
fessor Holloway's establisment, 214, Strand, London.
.t THE JUDGE AT ISIEWMARKLT.—The stewards of tho
Jockey Club, we hear, have expressed their approba-
tion of Me. J. Clark, jun., in the judicial chair at
Newmarket during the Second October and Houghton
tukti 122, YU appointed hits judge for the ensuing
year.

LAW INTELLIGENCE-(THIS DAY).

COURT OF CHANCERY.
The LORD CHANCELLOR did not sit to-day.

THE LORDS JUSTICES.

Their Lordships were occupied the early part of the
morning with the case of Maxwell v. Maxwell, but
rose at ono o'clock. The decision was postponed.

VICE••CH \ NCELLOR'S COURTS.
Their llonours had no business of any public interest
before them this morning.

QUEEN'S BENCH.
REGINA V. SIR JAMES BROOK.

Mr. Crowder, Q.C., appeared to move an arrest of
judgment given upon a trial upon scirefacias determined
before Lord Campbell, on the 19th of July last, when
one count was found for the Crown, and one for the de-
fendant. The facts arcsl out of a grant of lands in
Borneo and ',simian, made by the Sultan of Borneo to
the Eastern Archipelago Company, which was incor-
porated by royal charter. The provisions of the charter
required that a deed of settlement should be prepared,
ono of the covenants of which was that the deed should
be lodged within a twelvemonth, and that one half of the
espial,N.Z. 1001., should be paid down. The former of
the two provisions had, according to the finding of the
jury, been complied with, but with regard to the latter,
their verdict bad been for the Crown, and accordingly
that the Crown was in a condition to abolish the charter.
He contended, however, that there was nothing in the
scire facias to secure that right.
Lord Campbell—Then do you mean to show that the
payment of the money was not an imperative necessity?
Mr. Crowder said that unquestionably he did, for the
whole terms of the charter snowed that it was not, and
his lordship would recollect that in this case a petition
had been filed by the Attorney-General on the ground
of fraud, and fraud, too, upon the Crown. What he
contended for was, that the whole of the proceedings
must exhibit fraud before the charter could be cancelled.
In the event of this application being refused, the letters
must go before the Lord-Chancellor, be done away with
by the Great Seal, and there would be an end of the corpo-
ration. But the fact was, that if there had been any decep-
tion at all it was committed before the charter was granted.
So that, even supposing that the issue as given against
the Corporation were correct, still it did not amount to
a forfeiture of the charter. Had the non-lodging of the
' deed been given against the company, no public body
whatever could be safe, for this company had for four
years been in constant communication with the necessary
officials, and eve❑ with some of her Majesty's Ministers
themselves, as bad been proved upon the trial; and yet,
during the whole of that time, the Crown had not only
acted upon any presumed right, but had even refused to
interfere; then at last came down Sir James Brook, and
others, and caused this scire facias to be issued. It
should be recollected, that whatever the company had, or
had not done, all occurred with the perfect privity and
consent of officers of the the Crown.

A long conversation on the legal effect of the terms of
the charter, then ensued between the Bench and the
learned Cuunsel, the result being, that in the event of
this application being refused, the Crown was constitu-
tionally compelled to revoke the charter.
Lord Campbell—The point appears to us new and im-
portant. Take a rule to show cause.

SHERIFFS' COURT.
CROSBIE V. SWAINE.

This was a writ of inquiry to assess the damage in a
case of libel, in which the defendant had allowed judg-
ment to go by default.
Mr. Whitmore appeared for the plaintiff and the de-
fendant was represented by an attorney.
Mr. Whitmore opened the case to the jury. This
was an inquiry for the purpose of ascertaining the
amount of damages which ought to be paid by the de-
fendant to the plaintiff for a libel which the former had
caused to be published upon the latter. The plaintiff
was a tailor and clothier, carrying on business in Staf-
ford, and the defendant, Mr. John Swaine, carried on
business in London, as a wholesale clothier, under the
firm of Swaine and Co. Some short time ago a dispute
arose between the defendant and a Messrs. Briggs and
Dowdesley of Staffordshire, which eventually came to trial
in the Staffordshire County Court, held at Henley. The
plaintiff was called as a witness on the trial, and on the
following day, the 20th of February, a fair report of the
trial appeared in the Staffordshire Advertiser. On the
following Monday, the 23rd of February, one of the
defendants called at the Sun newspaper office, in the
Strand, and, producing a manuscript report of the trial
to a clerk of that establishment, he said he wished to
have it inserted in the paper of the same evening. The
clerk asked if the report had appeared in any other
paper, and the defendant then declared that it had
already been published in the Staffordshire Advertiser,
and he had no objection to its being quoted from that
journal, as in fact it was nothing more than a copy of
the report published on the previous Friday. The
report was accordingly inserted in the Sun ; but so far
from its being the report which had appeared in the
Staffordshire Advertiser, or a fair and impartial
report of the trial at all, it was nothing more than
a puff of the defendant's house, and contained a
tslso and libellous statement to the effect that
at the County Court trial the defendant was put
into the witness box to support the defence; but he
" was rebuked by the learned counsel for the intoxicated
state in which he appeared, and he was ordered to stand
down." This statement was wholly untrue, and being
published in a paper with a large commercial circulation
it was calculated to do the plaintiff a serious injury if
it was allowed to go uncontradicted, he was therefore
compelled to bring the present action to vindicate his
character. The defendant, however, had suffered judg-
ment to pass against him by default, having in defence
in justification to plead to the libel, and the matter now
came before the jury for the purpose of ascertaining
the amount of compensation that the plaintiff was en-
titled to.
Mr. Charles Chester Mort was called, and gave evi-
dence that he resides at Stafford, and is editor of the
Stafford Advertiser, which is published every Saturday.
Knew Mr. Crosbie very well; he carries on business as
a clothier and mercer. Plaintiff does a very largo bus-
iness there. The Stafford Advertiser of the 21st of
February contained a report of a case tried in the Staf-
ford County Court between Messrs. Swaine and Briggs
and Deivley. Witness had seen a copy of The Sun of
Monday, the 23rd of February, headed " Important
Decision," &e.; he had compared it with the report in
the Stafford Advertiser, and it was not a copy of that
published in the latter paper. (The witness here read
the particular words urged in the libel.)
The Under-Sheriff said it was unnecessary to go into
the question of the libel, for that was clearly admitted
by defendant suffering judgment to go by default.
Mr. Whitmore said he put the point to show the anni-
mus of the defendant in falsifying the original, and there
could he no doubt that that report was true, and that the
variation must have been wilful.
Tho Witness, in continuation, said he did not think
that the libel was of a nature to do any considerable
damage or injury to the plaintiff, who was well known in
the place and neighbourhood ; but, speaking generally,
the libel was of a highly-injurious tendency.
Cross-examined—Was not present when the case was

tried. Did not know that plaintiff had sustained any
special damage—he considered that it was perfectly
above notice in the neighbourhood.
Re-examined by Mr. Whitmore. lie of oourso con-
fined the effect to the neighbourhood and to persons to
whom the plaintiff was known.
Mr. James Keith was called and proved that he was
a cleric in Sun newspaper. On Monday the 23rd of
February the defendant, who is a son of the plaintiff,
in the original action, called at the office. Witness
knew him by sight. Defendant pioduced a manuscript
copy of the trial at Stafford, and asked him
(Witness) if he would get it inserted in the
Sun of that day. Witness asked him whether it
had appeared in any other publication, aod de-
fendant said •` Yes, in the Staffordshire Advertiser.
witness then asked him if he had a copy of the paper.
Defendant replied that he had one, but he wanted it
for another purpose. Witness next asked if these was
anything objectionable in it. Defendant said, no, it wail
a ♦ery ;air report. Witness then observed that ho
could not say whether it would appear or not, and re-
quested defendant to write the words, Staffordshire Ad-
vertiser at the bottom of the report, to show that it was
a quotation from that paper. Defendant did so, and
said that he would take a number of papers in the event
of the article being inserted, and wrote an order for 50
copies. Witness repeated that he could not say whether
it would be inserted, for there might be something ob-
jectionable, but it should be sent up-stairs. The
article was inserted, and 50 copies sent to defendant as
ordered.

This was the only evidence for the plaintiff'.
Defendant's attorney then addressed the jury in miti-
gation of damages, on the ground that defendant was not
actuated by any malicious motive ; but, being a clerk to
his father, had in his absence, over zealously sent the
article. lie urged that it had not suffered any damage.
Mr. Job Gervaino was called, but his evidence was
limited to the fact that defendant was merely his clerk,
and not partner in the firm.
The Undor-Sheriff summed up, and said the libel was
certainly calculated to do an injury to any tradesman.
It was true no special damage had been proved, but it
was difficult—extremely difficult to say to what extent
. _

plaintiff had or may be injured.
The jury, after retiring about ten minuteF, gavot a ver-
dict fur 50/. damages.

INFANTICIDE,—Last night an inquiry took place,
before Mr. Bedford, the coroner, at the Rising Sun Tavern,
Charles-street, Grosvenor-square, on the body of a tine male
child, which was supposed to have been murdered at the
residence of the Earl of Scarborough, 41, South-street, Park-
lane. The jury however, after a very long consultation,
took a more lenient view of the case, and returned a special
s succeeded
that the deceased died from suffocation, but how it
was caused there was no evidence to show.
SUSPECTED SUICIDE AT WESTMINSTER BRIDGE,--
Yesterday morning, at an early hour, shortly after the pass-
ing of one of the iron steam-boats titrouogh ,andNe sst uruccee
ei
i n
bridge, Windsor, the pier-master of Westminster Pier, per-
ceived the body of a well-dressed man drifting with the tide.
The pierrnan and his son immediately put fr
in recovering the body, which they brought ashore. From
all appearance the body had riot been in the water many
hours, and the supposition was that the unfortunateman
whoever he was, had committed suicide by jump'
bridge. The deceased has been removed to the leg °ir
ad .tiouth,399
to be icie)gified, aid await all iuqqest.

EPSOM AUTUMN RACE'
(THIS DAY.)

(BY EXPRESS.)
Match :
Greek beat Abdallab.
The Paddocck Stakes.

Bishop .......................................................
Lady in Waiting.
Stamford
........

The Beddington Stakes.
Tobolski
Michaelmas Maid ............................................

The Epsom Autumn Handicap•
Candlewick ............................................

Dulcet .................................. ...............
A11egr0............................................•••."

MONEY AND COMMERCIAL YEICS'

CITY, Two ooisc
gf
P
sto
etuic;
The sales of cotton, at Liverpool, ye
amounted to 6000 bales, of which 1,000 u'et.felti
were taken on speculation. The market ruled
at Tuesday's reduction. The sales included d#
American, 350 Pernam and Marenham at 6.ot,c'siti
300 Egyptian at Gii to Bi, and 500 Surat 11" fetl
53d. Railway Shares were quiet, but Prices
without material alteraon
The six weeks' average. ;
price of wheat 's
per quarter. ;or
The Canadian Government, it is stated, ha 'fits
another batch of 6 per cent. Bonds, to the este:, of
200,0001. to aid the Great Western Itiinifll
Canada ; and a further sum of 275,0001. wll
be granted to the Ontario, Simcoe, and liatir°,-
e
ways. Messrs. Baring and Messrs. GIP "r
agents in London. Coor
The nature of the advices received bYi
thearibi!
mittee of Mexican Bondholders is more 141°ntor
and the local disturbances were not so set ,
i
had been reported. The Congress, if it act: tbetPl
decision, would speedily get the better '9`, wtO
Lord
likeiy 11tIoalmstreesbnugrtyhe'sn
the
handsinstructions
ot of Am' r !
who writes as follows Vs'
ce opilf
13r°tiitf°'

"This steamer will carry to Messrs. Baring -„"tplOr,
and Co., the balance due to them, with 11,8:,i1
about 20,000 dollars. There will remain,_'ltleo,',4
the hands of their agents, something iiw,
dollars in cash and bills, one-half of wiDed", 'cot:
ready for shipment in the Tepic and Ale/3,1"-,l3lerec,
fortunately there are no ships of war expecteu;ioool4,)'
some time to come, and the steamers from 011;';ies
"
longer touch at these ports. The Cornm;10006,
understand that he has in hand another 151t1"lifidgjs0
(25,000 dollars) on account oT the overdue "est
The balance left for the cotton licences will be e:i"
the next packet, and go to the credit of arrof.s)
old bonds. Senor Don Guillerino Prieto 101'1d
the direction of the department of finance, '010"
generally considered the best choice that c°s
been made for that important office." 0001'
Messrs. Baring, Brothers, state that 3)-
now due to them. , • fortil°'
From Venezuela we have the following.„111t
tion concerning the debt, by the late agent, following.
coos'
who holds office only temporarily, his lies
pelling him to retire : , eft;
" Interest on the domestic debt for the qtafrTioo,,;{
the 30th ult. will he paid on the 15th insto 5," or di"
25th the sum of 23,175 dolls. 58c. in cash, will "Ifofr,s,
to the redemption of the said debt. I avail rere,Bia,':o
perhaps the last opportunity I shall have, of fibt
cording my entire and thorough conviction, ibrotifej,rj
her Majestl's Government do interfere autnc%s, bnt
the bondholders will ultimately have to succui-0101°-
the only alternative left to them will be the 13;`,"
of having to submit to the will of their debtor- (tow,
M
The British Consul had received direnti°s:
Lord almesbury to assist the bondholder's
writes to Mr. Lord as under :
,„„ I of
Allow me, at the same time, to inform you 11'-t 000 -4
constantly made it a point strongly to urge,Tio.l3",i
Venezuelan Ministers for Foreign Affairs 00°„00e;r,
the expediency and propriety of the Gr°b-sol",
remitting funds to England for the payment of hkt , sips
due and accruing dividends on the Foreign deije-04:10
that I have, on one occasion, read to his .6xce•joii4s4
President himself, in the presence of Dr. .0,1,
Herrera, the actnal Minister for Foreign Affiler Yet
circular addressed by Viscount Palmerston i°
jesty's Diplomatic and Consular Agents abroe.be dr,
date of the 15th of January, 1848, enunciating to tbe"
trines held by her Majesty's Government los I°,;
right to interlero authoritatively in support 01 ijefs,,‘
satisfied claims of British subjects who are 13,°,,,te5. h
public bonds and money securities of Foreign s'"
ltb°
The English Stock Market is firmer, efoliTt
there is not a great deal doing. Consols have ,0000
1001 to for Transfer, and 1001 to for ,'
Exchequer Bills are about 75s to 753 'Tacit r
Bank Stock is steady at 2231, and India '
275. India Bonds are 85s to 88s preminta'
Foreign Stocks are rather better upon the pori
Mexican Bonds realise 24i to ts;panisil Aeffme°
Per Cents have been 51i to 52i, and them,," Tr,
25 to Buenos Ayres have been 801 to 814F:Dif°
Turkish Loan is 31 to premium. Dutch
and-a-Ilalf Per Cents bring 64i odiog
The market for Railway Shares has been teofer'
upwards, with rather limited dealings
.....11°Aberfl
French Shares have been at a further rise. .I'4c:blif!
are up about ; Paris and Lyons -1 to t ":0
1 to 2 ; Caen, ; Rouen and Havre, lt
011
Dijon, I.
Gold Mines are quiet, but firm. 133°U9
rates. ea OP
The last week's railway receipts, ascertoi°
to this day, are in round figures as nnder 1551'3
1852. 11.1.13
Great Western £18,102 41',705
North-Western
South-Western
Brighton
Midland
South-Eastern
North Stafford 5,424 9110
Caledonian
Great Northern
Lancashire and Yorkshire
York and North Midland
Newcastle and Berwick

BRITISH FUNDS THIS DAY..
(From the Oficial List.)
330055 d'l'l''
Bank Stock . 2231 Ai i 1
3 per Cent. Reduced Annuities 99i , A IS
3 per Cent Console Anne. look,;!i 4
Now 31,4 per Cent. Anne .. 103706 4
(dm-1g Annuities, Exp. Jan. sth, 1860,, ... 6 7-1 4
India Stock
•• •• 275 5
j
87
Do. Bonds, 10001
87 u 5
Ditto under 1,000/. --... ......
South Sea New Annuities ...... •:,.•
1100 g 5403 e,
Consols for Account 0
Exchoquer Bilis. 14id. March
1,000/.
5001. --

Small