The Sun.
London, England, 1855-05-03 00:00:00

THE SUN, LONDON, THURSDAY EVENJNG, MAY'3, 1855

LAW INTELLIGENCE.-(THIS DAY.)

CHESTER RACES.

COURT OF CHANCERY.
(Before the Lord Justices of Appeal.)

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)

ETURGE V. THE EASTEEN UNION RAILWAY COMPANY.

. The arguments in this part heard appeal from the de-
cision of the Vice-Chancellor Wood were resumed, and
occupied their lordships the whole morning.
The facts of the case may be thus shortly stated :—ln
.December last, the Vice-Chancellor Wood granted an
njunction restraining the Eastern Union Railway Com-
pany from making a dividend among the ordinary share-
holders until the claims of the plaintiff and the other 6
per cent. preference shareholders should be discharged.
In the month of March last, the defendant appealed
against that decision, and that appeal motion having
been ordered to stand over until the case was ripe fur
bearing—the cause and appeal motion now came on for
hearing.

DEE CUP.

Orson

Helmet

Seven ran.
WELTER CUP.

Georgium Sidus
Dalkeith

Three ran.

LATEST BETTING.
DEE STAKES.
sto 4on Corcebus
4to 1 agst Lord Alfred
sto 1 agst Claret

Mr. Bolt and Mr. Hawkins, who appeared for the
plaintiff, were heard yesterday, and
The Solicitor-General, with whom was Mr. Selwyn
and Mr. Webb, addressed the court to-day.
(Before Vice-Chancellor Wood.)
HOLYOAKB V. BATES.

DERBY.
9to 2 agst St. Hubert (taken)
6to 1 agst Lord of the Isles (taken)
Bto 1 ag,t Rifleman (taken)
9 to 1 agst De Clare (taken)
14 to 1 agst Cruiser (taken)
15 to 1 agst Wild Dayrell (taken)
16• to 1 agst Dirk Hatteraick (taken)
16 to 1 agst Kingstown (taken)
25 to 1 agst Flatterer (taken)
40 to 1 agst Rylstune (taken)
50 to 1 agst Benhams (taken)
66 to 1 agst Bonnie Morn (taken)

This case came before his honour upon motion for an
injunction to restrain the defendant from selling needles
and wrappers, with the name and similar to those used
by the plaintiff. Both parties were needle manufactu-
rers, carrying on business at Redditch, Worcestershire,
and the real defendant, Mrs. Gardner, who, previous to
her marriage, was a Miss Hoiyoake, supposing that she
had a right to use her maiden name of Holyoake, had
sold the needles under that name, and with similar
labels to these used by her father.

MEETING OF THE BRITISH RESIDENTS
IN PARIS.

The Court refused to grant the injunction, but gave
the plaintiff liberty to bring such action as he might be
advised.

A numerous meeting of the British residents in

ARMY BEFORE SEBASTOPOL COM-
MITTEE.—(THis DAY.)

The committee reassembled this morning at the usual
hour.

Sir Thomas Hastings was recalled, and his examination
was resumed by Lord Seymour.
He in the first instance stated that he was not pre-
pared to say whether the requisitions sent to the Ord-
nance in June last for a supply of warm clothing, to be
sent out to the East, were made verbally or in writing.
Communications of that description from the War-office
were frequently made verbally. When the Duke of
Newcastle was in office, all orders were covered by a
general sanction.

In reply to Mr. Layard, the witness stated that he
did not know whether there was any record of the in-
structions in his office, but there certainly was the record
of the execution of these orders.

By General Peel—When he did receive a written
order for the warm clothing, he acted upon it without
delay, as he was fully alive to its importance.
By the Chairman--When a requisition of that sort
was sent to you, do you think it ought to depend upon
your memory when you are asked about its execution ?
The witness replied that the record of it if sent would
not be in his office but in the office of the Secretary at
War.

The Chairman—l suppose, therefore, if we sent there
for it we can have it ?

Witness—Undoubtedly.

Examination contiaued—When this requisition ar-
rived he (witness) was in the country, but he was sent
for, as the authorities at home said they were getting
into a state of perplexity relative to the warm clothing.
There was a difficulty about enforcing a contract—but
he informed the Board that it had been entered as a
minute of the Board, and that it ought not to be quashed
or rescinded. He did not inquire into the cause of this
because it might have given rise to an unpleasant feeling.
Lurd Seymour—We are not inquiring into questions
of unpleasant feeling. We wish to get at the manner
in which business was transacted at the Board of Ord-
nance. Did you inquire why the contract was to be
quashed ?
Witness—No.

The Chairman—Why did you not
Witness—All I thought of was to carry out the con-
;met, and to insure a speedy and proper supply.
Lord Seymour—l wish to ascertain whether or not
the contractor had received orders to stop the supply ?
Witness—l believe he had.

Lord Seymour—Did he tell you so ?
Witness—No, he did not inform me himself ; but I
inferred that he had bad orders to stop the supply from
what Mr. Stacey, the storekeeper, told me. He told
me that the contract was stopped.
Lord Seymour—Did he tell you on what grounds.
Witness—He did not.

Lord Seymour—By whose order then was the contract
stopped ?
Witness—l cannot tell.

The Chairman—Do you not, then, see what takes
place, or have you to depend merely upon hearsay ?
Witness- -Generaily I do not see what occurs under
the Board. The contract might have been stopped by
Mr. Monsell, or by the united order of the Board.
General Peel here suggested that there were surely
minutes kept of the proceedings of the Board, to which
the witness might have had access.
The Chairman—Do I understand that you were not
allowed to see the minutes ?
Witness— Oh, no ! When any of us leave town the
minutes of the board are not forwarded to us.
The Chairman—But when you came back you might
have seen them ?
Witness—Certainly, but I did not. I was satisfied
with what Mr. Stacey told me. I had no official infor-
mation of the fact. _ .

Mr. Layard—But minutes are usually kept of all
orders, are they not ?
Witness—Minutes until lately were kept regularly of
all proceedings of the board ; but I will not undertake
to say there is a minute relative to the matter now be-
fore the committee. It being the duty of the clerk of
the Ordnance to communicate with the Secretary for
War, and he was in the habit of bringing verbal orders
from the War-office, which were at once acted upon—a
course which was never used antecedent to that time.
These orders were binding on the Ordnance although sent
by word of mouth. I was there, and am still of opinion
that public business of that kind should always be re
corded in writing ; and although the ♦erbal order of the
Secretary for War wat binding on the board at the same
time, I thought it was
,important and essential that a
written order ought always to be given, with a view to
its being properly recorded, and in case any question
should arise, that the original order should be there to
verify the execution of its directions by the board.
In reply to General Peel, the witness stated that,
under a Secretary at War no order of that sort could
have been taken except through his positive directions.
lie did not think the abolition of that office was any

improvement.
By Lord Seymour—lt was probable that the whole
proceedings connected with the contract being irregular,
DO minute was kept. It resembled correspondence
rather than an official act.
Some further conversation ensued respecting the de-
tails of management at the Ordnance•ofhce, and the
quantities of warm clothing ordered last summer, after

which,
The Chairman said—l have heard it stated that
at tLe hospital at Scutari socks of a size for children
were issued to the men. Would that be possible, accord-
ing to your mode of conducting business ?
Witness—lf we had proceeded as we do in ordinary
times, that would haw° been impossible ; but in thin
case there was great hurry ..nd confusion.
The Chairman—Do you think it possible that it
occurred?
Witness—lt is possible, but Ido not think it is
probable.
The Chairman—Did you never hear of such an occur-

rence ?
Witness—l heard that the socks were not of a full
size. (Laughter.)
Mr. Layard—Did you ever hear also that the shoes
issued to the men were not of the full size ?
Witness—l think that is very possible.
Examination continued—On the 7th August he ap-
plied to the Admiralty for tonnage for a large quantity
of warm clothing. They did not reply immediately, as
it is not the custom to reply until they had tonnage at
their disposal. They had no tonnage at disposal until
the 16th October.
The Chairman—And you remained quiet all that
time

Witness—l made no less than nine applications,

[LEFT SITTING.]

OXFORD, May 2.—By the death of Sir Henry Bishop,
.Duc. M as., the Professorship of Music in the University,
founded by Dr. Heather, has become vacant. Sir Henry
was appointed in 1848, on the death of Dr. Crotch.
The appointment is vested in the proctors.
The price of wheat in England during the first quar-
ter of the present year has been more than 50 per cent.
higher than it was in the quarter of 1853 that ended on
the 31st March, but Os. 7d. per quarter lower than it was,
in the beginning of 1854. Beef is 25 per cent. dearer
than it was in 1853, and 7 per cent. dearer than it was
in 1854. Mutton has been cheaper than it was in 1863,
and so have been potateee.

Paris and its neighbourhood was held yesterday at
the English Embassy for the purpose of voting an
address of congratulation to the Emperor and
Empress on the escape of the former from the hand
of the assassin Pianori. Lord Denbigh presided.
The proceedings opened about three o'clock, when
the Chairman rose and spoke as follows :
" Gentlemen,—My own heart tells me that it
would be an insult to any assembly of Eng-
lishmen to suppose it possible that any per-
suasion could be requisite to elicit an unani-
mous expression of the utmost abhorrence of a
dastardly attempt to assassinate even the humblest
individual in this or any other country. Can it
therefore be necesssary for me, at such a meeting
as this, and on such an occasion as the present, to
endeavour to excite feelings which, judging from
my own, I am sure must burn in every breast—
feelings in the first place of deepest gratitude to-
wards a beneficent Providence and the Almighty
Disposer of all things, for having so mercifully pre-
served a life of priceless value—feelings of deepest
indignation at the atrocious act which has im-
perilled it, and feelings of congratulation towards
the whole of civilised Europe, but more espe-
cially towards this great country and our own, at
the preservation of a life the value of which no
estimate can measure and no language adequately
express. Need I remind those now enjoying the
hospitality of this magnificent city, so embellished
by the taste and munificence of the Emperor, and
who are dwelling in security in this happy and
prosperous country, how lately it has been raised,
by the Emperor's energy and wisdom, from a state
of almost hopeless anarchy, misery, and danger,
to its present high pitch of prosperity and happi-
ness? Need I remind Englishmen, who have so
lately witnessed the unparalleled enthusiasm evinced
by all parties and all classes in England towards
their Imperial Majesties, what the Emperor has
effected in extinguishing, I "trust for ever—
that hereditary enmity between France and Eng-
land, hitherto supposed to be inextinguishable
How he has converted a heretofore mere conven-
tional alliance between the two countries into a
hearty brotherhood—an affectionate union hence-
forth to be deemed indissoluble, as being cemented
by the best blood of England and France, shed by
our brave armies, fighting side by side in the cause of
justice, freedom, and civilisation ? Need I enlarge
on the fatal blow which would have been struck at
that sacred banner had the assassin succeeded in
his distardly attempt ? But we may join the Em-
peror in his recent noble reply to the French Se-
nate, and assure him that we, in unison with his
own chivalrous feeling, fear no assassin while en-
gaged as lie is, heart and soul, in accomplishing the
glorious mission committed to him by Divine Pro-
vidence. He has nobly fulfilled the one part in
restoring the great country to her present
exalted station of world-wide glory and power,
as well as of internal peace and prospe-
rity, and can any one doubt that he will,
through God's help, fulfil the other part, and that
so righteous a cause as that of establishing an hon-
ourable and permanent peace throughout Europe
must and will continually triumph ? After con-
gratulating ourselves that this attrocious at-
tempt did not happen, as might have been
the case, in England, we may likewise con-
gratulate our French brethren that it was
no Frenchman who raised his cowardly band
against so precious a life. Dear, however, as
that life is to England and France, and precious
as it is to the whole of the civilized world, we
must not forget that there is one illustrious person-
age to whom, above all others, it is immeasurably
dear—even still more precious—and, however,
feeble any language of ours may be to convey to
the Empress any adequate expression of our deep
sympathy and sincere congratulation, we may hope
that her Imperial Majesty will graciously accept an
assurance of these coming from the heart,as I am sure
that ours will do. There is one other topic of con-
gratulation as respects ourselves, to which I will
briefly refer, and that is, that out of the many
millions whose feelings doubtless respond to ours
on this occasion, we English residents in Paris are
alone graciously permitted to enjoy the highly gra-
tifying privilege of expressing to their Imperial
Majesties those sentiments of veneration, sym-
pathy, and congratulation which will be embodied
in the address now about to be moved for your
adoption, and which, I trust, will receive your
unanimous approval."
The Earl of Donoughmore said that, after the
very able address which had just been delivered by
the noble chairman, it was unnecessary for him to
expatiate on the object for which the meeting had
been called. He was perfectly convinced that
there was not an English heart here, or in
any part of Europe, that did not feel the deepest
indignation at the base and dastardly attempt that
had been made on the Emperor Napoleon's life, and
which, had it succeeded, would have ruined the
cause for which the French and English troops are
fighting so gloriously side by side. (Loud cheers.)
It had indeed been whispered about previously
to the departure of the Emperor for England that
from the number of discontented refugees collected
in England from every country, the visit was not a
safe one, and some cowardly attempt on his life
might be apprehended, and disgrace thereby be
thrown on England. He thanked Almighty God
that such fears hack proved unfounded, and that
the Emperor had returned in safety from the Eng-
lish soil. It was also a source of great satisfaction
that the late base attempt at assassination had not
been made b. y a Frenchman--(hear, hear)—and
the brave allies of the English were not stained
with the reprobation attached to such an act.
(Cheers.) He would not dwell longer on the subject,
but express what he felt certain was the unanimous
feeling of the meeting, his heartfelt gratitude to
Providence for having stretched his shield before the
Emperor, and preserved a life of such infinite value,
not only to France, but to all Europe. (Cheers.)
I now most heartily move that the able address
drawn up by Sir Henry Ellis be adopted. (Hear.)
Lord Mayo having seconded the motion, the ad-
dress was read and unanimously adopted by a show
of hands. It was afterwards signed by all the per-
sons present.
The following are the names of the deputation
to wait o n the Emperor with the address, on the
proposition of Lord Gray, seconded by Sir H.
Bulwer :—Earl of Denbigh, chairman ; Earl of
Mayo, seconder of address ; Earl of Donoughmore,
Mover of Address ; Lord Henry Lennox, M.P. '-
Viscount Fielding ; Lord Gray of Gray ; Count
Testa Ferrata ; Hon. Major Feilding Coldstream
Guards ; Honourable George Barrington ; Hon.
Spencer Cowper ; Hon. Sir Fleetwood Pellew,
Rear-Ad miral ; Sir John Harrington, Bart.; Right
Hon. Sir Henry Lytton Bulwer, G.C.B. ; Right
Hon. Sir Henry Ellis, G.C.B. ; Lieut.-General
Fox ; Sir Joseph 011iffe, M.D. ; Mr. Lawrence
Peel ; Mr. Evan Baillie, of Dochfour ; Rev. Dr.
Hale ; Rev. Robert Lovett.

The West India mail steamer Atrato has brought
180,0001. in specie.
ADDRESS TO THE EMPEROR OE THE FRENCH.—At a
Court of Aldermen, held yesterday, Alderman Sidney
proposed a resolution indicative of the profound sorrow
with which the Court had heard of the recent attempt to
assassinate the Emperor of the French, and tendering
to his Majesty and the Empress an expression of grati-
tude to Providence for having frustrated the diabolical
design, and preserved France and Europe from anarchy.
Mr. Sidney, in making the proposition, expressed his
admiration of the heroic and manly bearingMr of he
Alder dis-
tinguished monarch in the hour of dang
a er. .t '-
mn Farebrother, who seconded the proposal
mi , said he
agreed with Aldermen Sidney in his ad ration of the
conduct of the Emperor when the late atrocious attempt
;.made upon his life. The proposal was unanimously
agreed to, and it was determined that the resolution
should be presented to the French Ambassador by the
Lord Mayor and the mOver and secoAder, as a deputa.
tion from the Court of Aldermen.