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

TIIXTR,Sr, TIVr7tTINT-fli; IWArrs, Asc

LATVINTELLIGENTIi.-(ELLIS DAY.)

COURT OF CHANCERY.
(Beforo the L, r Juoices of Appeal.)
STURGE V. THE EASTERN UNION RAILWAY CO3fPAXY.

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 he thus shortly stated :—Tn
December last, the Vice-Chancellor Wood granted an
injunction restraining the Eastern Union Railway Com-
panyfrom,rnaking a dividend among the ordinary share-
holders_until the claims -of -the. plalutiff and the other 43-
per cent. preference shareholders should bd ciischarge fl.
in the month of March tact, the defendant appenie
against that decision, and -that appeal motion Navin,
been ordered to stand over until the case was ripe fi r
bearing'—the cause' and appeal motion now came on-for
hearing. , - -

Me. Rolt and 112r.:.11awkins, who Appeared for -the
plain! iff, were b6ard yeAerday,;:ind -
Th=. Solicitor-General, with' whom was Mr. Selwyn
and Mr. Webb, nthlres4ea the court to-day.
(Before Vic?-Chancellor Wood.)
HOLYOAKE V. BATES.

This case came befure his honour upon motion for an
injunction to restrain the defendant from selling needles
and wrappers, with the name slid similar to those used
by the plaintiff. Bath 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 1301yoake, had
sold the needles under that name, and with . similar
labels to these used by her father.

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

ARMY BEFORE SEBASTOPOL COM-

MiTTEE.-(THIS DAY.)

The committee reassembled this morning at the usual

hour.

Sir Thomas Hastings was recaried, and his examination
was resu ed 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 ierbally. 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 u as 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 soft
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.

Tne Chairman—l suppse, therefore, if we sent these
For it we can have it ?
Witnesg—Undoubtedly.

Examination continued—When this requi-ition ar•
rived he (witness) Via.{ in the country, but he was sent
for, as the authoritiee at home said they were, gating

into a state of perplexity relative to.the warm clothing.
There was a diffieu'ty'abcut 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 gnashed

or refcinded. He did not inquire into the cause of this
because it might have given rise to an unpleasant feeling.
Lord Seymour—We are not inquiring into questions
of unpleasant feeling. We wish to get at the mariner
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-
tract, and to insure a sp•edy and proper supply.
Lord Seymour—l wish to ascertain whether or tut
the contractor had received orders to r-tv the supply

believi lie hal.
Lord Seymour—Did be tell you so

Witness—No, he did not idorrn me himself ; but I
iiiftt red that he had hal orders to stop the supply from
what Mr. S;aeey, the storekeeper, told me. He told
me that the contract was stepped.
Lord Seymour—Did he tell you on what grounds.

Witness—He did not,
Lord Seymour—By whose order then was the coLtratt
stopped ?

Witness—l ca,,ni•t tell.
The Cha.;rmao— D I you not, then, see what tak.
plat., or have you t 'Ti petal merely upon ht a-say ?
Generally I tin not see wrat occurs under
the Board. The contract might have been st .pited by
Mr. 'Monsen, or by the united order of the Board.
General Peel here suggested that there were surely
niinotes kept of the, praceedingi of the Board, to which
the witness might have hal access.
' The Chairman—D r I un lerstand
.that you were not
allowed to see the minutes ?
Witness—Oh, no ! When any of.us leave town the
minutes of the hoard 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 ilifer-
maten of the fact.
Mr. Layard—But minutes are usually kept of all
orders, are they not 1
Witness—Minutes until lately were kept regularly of
all proceedings of the board ; hut I will not undertake
to say there 1A 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 Waroffice, which were at once acted upon—a
coure 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,
coiled in writi ; and although the verbal order of the
Secretary.for War W4B 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.
He did not think the abolition of that office was any
improvement.
By Lord Seymour--It was probable that the whole
proceedings convected with the contract being irregular,
no minute was kept. It resembled correspondence
rather than an official act'.
Some further conversation ensued res',ecting the de-
tails of management at the Ordnance-office, and .the
quantities of warm clothii;g ordered last summer, after
which,
The Chairman said—l Ifavo heard it stated that

at the hospital at Scutari socks of a r•ize for children
were issued to the men. Would. that he possible, accord-
ilig to your mode of conducting; bu.iness ?
Witness—lf we had proceeded as we do in ordinary
times, that would have been impossible ; but in this
case there was great hurry and confusion.
The Chairman —llo you thduk 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 iS a full
size. (Laughtf r.)
Layard—Did you ever hear also that the shoes
issued to the men were not of t he Bill size ?
Witness—l think that is very possible.
Examination contioued—Oti the 7th August he al:i-
mage for a large quantity
nut reply immediately, as
rp'ltyi(d)ru t ley had tcnt.age
ipotfl,
iewsdantril ttclhile:theltid2st
gnt;i:lltt,yob
Ivey
at
their dieting:ll. They had t,o. t nonage at disposal until
the 16th October.
The Cl:airman—And you remained quiet all that
time I
Witness—l made n 1 less than nine applications.
[LEFT Sir !ING.]

OXFORD, May 2.—By the di tath of Sir Henry Bishop,
Doc. Mus , the Professorship ni.Music in the University,
founded by Dr. Heather, his be tome vatit. Sir Henry
was appointed in 1848, tvi
on Vie death of Dr. Crotch.
The appointment is vested in t he proctors.
The price of wheat in Ertglamd during the first quar-
ter of-the present year has beefy) more than 50 per cent
higher hail it was in th• qua ter of 1853 that ended i.n
the 31st March, but 9•=. 7d. pe, quarter lower than it Wag
in the beginning of 1854. n B is 25 per cent. dearer
s
than it was in 1853, and 7pe r cent. dearer than was
in 1854. Mutton has been cb gaper than it was in 160°
- •
and so have been potatoes.

CHESTER, RACES.
(THIS DA Y.)

(BY ELECTRIC TELEOBAPII.)
- • DEE CUP.

Orson
Helmet

1

Seven ran.
WELTER CIIP.

2-
Tbree ran. -