The Sun.
London, England, 1852-05-22 00:00:00

EXCHEQUER.-(THIS DAY.)

IiALLINGTON V. DALE. /00
The CHIEF BARON, in delivering judgment, said this
a motion for a new trial to enter the verdict for defetirr,e
on three issues, or to arrest the judgment. The motionfheg
new trial was made on three grounds—first, that the
was against the evidence; secondly, that the Learned d':;;;.
misdirected the jury; and lastly, on affidavits strongly :Z(1
porting the testimony of a witness for the defendant 016
John Cox to whom the jury did not give credit, but 7 dr
evidence, if true, would undoubtedly have entitled tbieroo
fendant to a verdict. The case was tried before Mr. too;
Alderson, nt the sittings in London after* last Trinity -gold
The motion was made in Michaelmas term, and Was —edict
on the 20th and 22d of January last. sto the Tf dip
being against the evidence, Mr. Baron Alderson was °fedi,
satisfied with the finding f the jury, which was objec_,
chiefly on two grounds—viz, that the defendant did aviere
fringe the patent, and, secondly, that the jury ought W tite
believed the witness Cox, according to whose testinaaVoii
plaintiff's method had been publicly introduced inlet: the
long before he obtained a patent. It aPPealn, f '11,6
Court, without entering minutely into themwl"- 07
invention, that the plaintiff's process was substantiallyro
and different from any other described in the various.Aidit
fications or processes which had been disclosed in evitier
including the account given by Cox. It was entirely aa hi
tion for the jury whether the shreds and cuttings used
the defendant, which were certainly not so small as thfedfr
by the plaintiff, constituted an infringement of the lola
With respect to the statement of Cox, the Court,aonsl of°
the nature of his patent and all the evidence he gdsoce,
not surprised that the jury did not place sufficient coot,.
in his testimony to found their verdict upon it. Tifeertie
also thought the- case had been properly left by thethe
Judge to the jury. The affidavits went to show IP-0001°
evidence of Cox was perfectly true. That might fori?, odes
ground for asking for a new trial on the payment ?' Kl,lt
but the present proceeding was not final and con fty
being still open to the defendant to discuss the viol idtil
the patent by means of a scire facias, whituciell
parties would have an opportunity of a4refto
additional evidence. The Court were flot
of opinion that no new trial ought to be granted, but .0.00
1
should be left to the defendant, if so advised, to avail 11,1 pd.
of a scire facias. The rule would therefore be dischar6-00
ROTHSCHILD V. THE ROYAL MAIL STEAM PACKET C°'7 re
It will be recollected that this action was brought,,bso
cover the value of some boxes of gold-dust which ha"
losT t
he on the South-Western Railway. of °PP
CHIEF BARON said the Court were unanimonll9p
nion that the direction given at the trial should have:le-01W
favour of the plaintiff, not of the defendants. If the 1:14:
quiesced in that view the Court would proceed to
went, and the verdict would be entered for the plait ale&
this way there would be an end of the matter • hat to
14'.1"
ties intended to have a bill of exceptions in order to /lobo'
case decided by a superior tribunal, they should have 4 thOf
prepared at once, and when it was handed into cour_..o
Lordships would give their judgment, which would be
moody in in favour of the plaintiff.

VAI4I.
CO .t.t
THE NETHERLANDS LAND ENCLOSURE Ler p••
suOtil for
—lt will be perceived, from an advertisement in
_tiooo_,o
of our paper, that the last day for receiving
shares in this company closes on Saturday, Mai' eat fq,
strongly advise such of our readers as are looking
reftlaP ithit
It
good investments to examine this project ca _ea
unnecessary to say more of the highly influential, :30.0:
and practical direction, than that they offer a sure gtu.
der
111336
to the shareholders that they are safe in entrusting
_Aer t
terests to their care,who have themselves acted ~-Lf:acticP.
guidance and upon the reports of the most eminent :_l,tia oos.
applicato,
engineers of both countries, and based their prosper /3
such sure and certain information as leaves neu° eftlg
only of the feasibility of the project, but of the realisation
anticipated remunerative returns. •
h SPer°
A company, under the name of the'Briti.s
with s
GlfarrYthe Ptics9
Candle Company, has been established in the
capital of 100,000/., to be increased to 200,000, -whitelle.
pose of manufacturing a new candle of extreme, in tll°,
and semi-transparent (the same as those exhw
h notice under
Great Exhibition), which attracted so mac" seems that
the name of " Exhibition Sperm.'' dies, ruaili
a very large • quantity of these td and sci"
factored at Paris, have been imPer"ying the extra
here and in the colonies, and although Pa" "e-r
duty and charges, amounting to more than 20 p
.nd
the cost, yet produced a large profit. This demand at,
d
report of the Commission pour l'Encouragement e 0,
in Paris of the invention producing a larger (1 at..t'ae4
stearine, has warranted the formation of the compa.-u,./.
ss
the calculation of advantages to the sharehotlewiars
being very large. By the action of certain gassesrnar stormed iut°,e,
monest and most refuse fatty matter cent. till
of which the candles are wand
semi-transparent substance,
colonies, calculatedto be a 01
exported to the
millions sterling per annum, 311°
Thii, large amlNourntToEf
between two and three
LcEaGn.dalAespHoconEsuE mTlyedEiEnNthiTsncos.un_::::
Cori,l9o
SUBMARINE
Mite
an ample field for enterprise and capital in this direcion•
OF HOLLAND AND ENGLAND.—On the 11th lust. the for
Government granted to Mr. A. Ruyssenaers a concession
the establishment of a submarine telegraph between `of
coasts of Holland and England. Mr. Ruvssenaers i 5 oat
engaged in forming in London a company for carryisgoas
the above object. Inasmuch as the projected sub'oi the
line will render our telegraphic communication witlive6 continent independent ,of the French and Belgian 106
which war, or other con!ingencies, may any day
,cacef
against us), the present undertaking is of high iruPa-eriti
not only on commercial but political grounds, and 01 The
the favour both of Parliament and the Exchange'
.00
Dutch and fbrussian Governments take a lively interest I,.eir
success; and we doubt not our monied men will lend iP
co-operation.
it°
Dr Andrew Ploorner, of Brighton, who some t
thoe
since deserted his wife and tour children, and eloped "10
0
daughter of a respectable riding-master in that tows, .
with him a large sum of money entrusted to his keeping
a friend, has been arrested in New York.
of the
ROYAL PRESENT.—His Majesty the King ildtliog
Belgians has forwarded to this country a package cus'itteaa'
an arm-chair, of considerable value and massive vi°riatieeS
ship, as a present to her Majesty Marie Amelie, the ex—Tlover
of the French. The package, which has arrived at,.'yerod
from Ostend, has been dispatched to London, and deAl
to the illustrious lady at Claremont.
raer
EMIGRATION TO AUSTRALIA.—A meeting of
chants, traders, and others connected with the Au.,(s!„ritate
colonies was held on Thursday at the George and best
Tavern, for the purpose of adopting such measures as are as
calculated to promote emigration, and secure to Austra
adequate supply of labour, as the only means of avertingth'os6
ruin which now threatens the agricultural interests
nosed
colonies. Several resolutions to carry out the objects Pr°r
were unanimously adopted.
A KENTUCKIAN DIFFICULTY.--At Danville, d
tuckv, two brothers, named Shelby, and F. Cowalllll3bes•
bloody recontre about a young lady, sister of the "51',,7Dtter.
Cowan was charged with sending her an anonymous ''oed
Meeting in the streets, pistols were drawn, and ShellT,eibl,
first. Cowan had three single-barrelled pistols. P.,." tof
fired all his barrels, one taking effect in the fleshy P—t
Cowan's thigh. The third fire from Cowan took effect
Shelby, the ball passing in on one side of his neck ar"„
on the other, lodging in his shirt. Shelb staggered 0; 'tter
store where his brother Alfred w , ndyfell. The ,18"
then seized a bowie knife, advancedaa and fell. The
then seized a bowie knife, advanced on Cowan, and re
it at him without effect. Cowan thenpursued Alfrea -IDd
a bowie-knife in hand, when several personsu interfered, a
no further harm was done.—Cincinnati inquirer.
•_..

BIRTHS.
OP A SON. ~ of
On the 17th inst., at Studham-lodge, Herts, the wire
James Louis Atty.
On the 20th inst., at Woodford, Essex, Mrs. C. e Baij

MARRIED.
On the 19th inst., at Bildeston. Suffolk, Captain Jatnestbe
Cockburn, R.N., to Harriot Emily, only daughter of
Rev. Joseph Gedge, rector of Bildeston.

DIED
At Ramsgate, on the 17th inst., Lieutenant Edward tor.
R. \., aged 68.
On the 16th inst., the hey. Thomas Payn, incumbent of
Trinity Church. Weymouth, aged 60.
On the 19th inst., at Diddington, Huntingdonshire, George
Thornhill, Esq., M.P,, aged 69.
On the 18th inst., at Northfleet, Kent, John Palin,
LL D., late of Barnes-green, Surrey, aged 56.

London Print td and Published by AIURDO YOUN:O
N. 112, Strand, Printer, at The Sun Office, ;tin.t;
Strana, in tlvi Precinct of the Savoy, in the WWl—
Saturday, May 22,1852.