The Sun.
London, England, 1852-02-07 00:00:00

FLOODS IN CUMBERLAND.

CARLISLE, FEB. 3.—ln consequence of the heavy fall
of rain on ilonduy in this neighbourhood the river
Eden and all its tributaries have swollen to an extent
beyond the recollection of any living person, and it
is feared that great damage has been done to adjoin-
ing property. The waters of the Cala.. and the
Petteril, and the Eden, into which the two former
streams run, burst their boundaries in all direc-
tions, sweeping hedges and fences of all descriptions be-
fore their overpowering torrent. Hill-born streams are
well known, and the wary Cumbrians have in general,
avoided building their habitations within the dangerous
vicinity of the banks; but so great was the fleod that
even the lower portions of houses were filled with
water, and even public thoroughfares, in compara-
tively high situations, are submerged to the depth of
many feet. The scene in the immediate vicinity of
Carlisle is at this moment peculiarly striking. lgc-
thing but water for miles, as far the eye eau reach,
with here and there a portion of a tree projecting from
the surface, as if to mark the extent of the deluge. Pre-
cautions in the shape of double banks and high barriers
have long since been constructed to keep the rivers
within bounds during the rainy season, but these were of
no avail. The waters extended up to the Castle
walls on one side, and to the foot of the Scaur on
the other. The arches of the mignificent Eden-
bridge could scarcely be seen, and . the por-
tion of the Caledonian Railway which runs on a
high embankment to the north seemed to be in immirimt
itehcoei
t tempestuous
tn ia
intermittent
characterittent
danger of destruction. On the other side of Eden-bridge
melancholythe
grand. seems
A to
strong b e
evenwind
ofmg r°terh tieblowing,et3 coupletsgreatly
wide
ir 1
efromrte
p.aarial 3thede
uerth-west with a degree of violence not often e:zpe.
orifewncaetedrs h, earned,
wreu
addsi flexegps
re
ectathtel
yt
ostusore
of the sceniornTihneg,oanslythderrye
for wiles around are the handsome and ex,ensiv
mansion of the High Sheriff of
showers of rain and hail all dap long.
county
(Air. Head), the Grand Stand, and the Water y
Works.
The flood has been at its height for several hours,
but there seems to be no indication of its t., 1) -d•
a, si iwr On
the contrary, used on
nhWeexaevdioynneswdiatyh this inundation we are sorry g• In
par-
ticularscon-
nexion
of a very melancholy and fatal o add the
accident which
occurred at Longtown, about 10 miles from
appears that Sir James Graham es this city. It
and family proceeded
from Netherby yesterday morning, •
travel-
ling chaises and pairs, to the Citaelin' a couple of
express day train for London. _. Station, to catch the
Who chaises and horses
spots
ie tiebeth.dehe"ered

BELLA.MY V. MAJORIBINKS—JUDGMENT.
Mr. Baron PARKE delivered the judgment of the
Court in this case, which had been reserved for a few
days, after the announcement that the Court had con-
curred in making the rule absolute, in order that the
parties might again go to trial without delay.
This action was brought to recover the amount of a
cheque for 2,5361. 175., which, it was contended on be-
half of the plaintiff, Coutts' bank, represented in this
action by the defendant, had improperly paid to Gosling
and Co., it being a " double-crossed" cheque, with the
words " Bank of England: for the Accountant-General
of the Court of Chancery." At the trial before Mr.
Baron Martin, at the Middlesex sittings after Trinity
Term last, the plaintiff set up a custom of bankers, with
reference to cheques of this kind, whereby it was con-
tended that the bank ought to have exercised greater
caution before paying the one in question, in which case
the payment would hare been made into the proper
hands. The verdict was found for the plaintiff, and in
Michaelmas Term a rule was obtained for a new trial,
on the ground of misdirection, and the verdicts being
against evidence.
The Learned BARON, in delivering the judgment of
the Court upon this rule, said that, as already intimated,
the Court had come to the conclusion that there should
be a new trial, on the ground that the evidence was not
sufficient to support the verdict pronounced by the jury.
If this had been an ordinary case, the Court would pro-
bably have confined itself to merely expressing its opi-
nion; but in this controversy there was involved a ques-
tion of so much importance In the practice of bankers
with respect to cheques of this description, that it seemed
right to state with some particularity the nature of the
question to which the attention of the jury should be
called at the new trial. Thu first count was a special
count, inferring a duty consequent on an alleged custom
and usage of bankers, to the effect that the defendant
was not to pay the cheque otherwise than into and
through the Bank of England, and then alleging a breach
by payment of the cheque to Goslings and Co. To this
count there was a plea denying any such duty. There
was also a count for money lent, as to what the de-
fendant pleaded payment; and on the issues arising
upon those two pleas, the parties rested their cases re-
spectively. The objection on the ground of misdirec-
tion was abandoned by the Learned Counsel for the
defendant, who then contended merely that the ver-
dict as to the first count, and as to the pin of payment
to the second count, was against evidence. The
plaintiff's counsel contended that the crossing of the
cheque to the Bank of England absolutely restricted the
negotiability of the instrument in favour of the Bank of
England Only, and even the account mentioned upon it,
viz., the Accountant-General, and no other person.
Evidence was given, during two days, to prove a bind-
ing custom and usages of bankers to this effect, but the
Court was of opinion that no such custom was proved.
The custom alleged could only be proved by a long and
universal course of practice clearly established; but
so far from that having been the case, many witnesses,
called from London banking-houses, denied the exist-
ence of the custom altogether. Banking-houses in Lon-
don were in comparatively few hands; and it seemed to
the Court to be absurd to suppose that there should be
any such duty cast upon bankers as was alleged in the
first count. The verdict on this point, therefore, was
against the weight of evidence. The Court was also
of opinion that such a custom, if proved, would be
incapable of being supported in point of law. The
Learned Counsel for the plaintiff both at the trial
and on the argument, relied with great confi-
dence on the count for money lent, and insisted that
the payment to Gosling's of a cheque doubly crossed,
in the manner in which the cheque in question was
crossed, was an unauthorised and negligent act, and that
the defendant had no right to credit himself with it. If
this contention were well founded, the defendant would
be wholly without a defence, as the only answer to this
count was the plea of payment. It was also alleged that
the addidon of the crossing to the bank of England,
with the words " for the account of the Accountant-
General of the Court of Chancery," imposed a greater
degree of responsibility upon the defendant. None of
the witnesses attached much importance to this circum-
stance, however, as against the defendant, and-many of
them even considered it to make in his favour; as it vfas
well known that the Bank of England would no: rechinre-
a cheque for the Accountant-General so crossede.
other point was argued by Mr. Unthank on behalf nbytt
the
the plaintiff—that the crossing of the cheque,
any direction he pleased to his bankers, was equivalent
s direction that it
apdr etsh e
had not the
Bankof
—an
should not be paid to bearer, but to the
.
t holder,
a n
addition
d db
fuf
it byn
o thefh
ed
cheque
ha
ew
(le
ur ,e
of whoan
express
o
in such a case the
Eng-
land. He admitted, however, that
defendant was not bound to pay the Bank of England,
as the alteration would bring the cheque within the epee
tion of the stamp law. At the trial the evidence did not
make any distinction between the meaning of the words
power to state
when written by the customer of the Bank, and the
meaning they would have when written by a third per-
son; and the Court had before intimated its opinion that,
restrictive meaning attributed to them by the plaint'ff' s
counsel. As had been said before, tho Court felt strongl
that to carry litho argument furth~rh© or to make a bankery
responsible to his customers for the appropriation by the
according to the weight of evidence, they
Bank of a crossed cheque, would render the conducting
of the business of banking very difficult, if •
not impracti-
cable, and would cast very serious, and
probably ma-
obieraas, impediments in the course of tho
actions of the country. For these t money trans-
easons the Court had
come to the conclusion that the rule
ab-
solute for a new trial.--Rnie Should be made absolute.

On TTli llurEsdaEy aNgGenleZlEmEeeßtiZofK
non-societyßl men
(skilled workmen) took place at the Mason's Arms,
Lambeth, to consider the course necessary to be pur-
sued in consequence of the resolution of the employers to
s
STE.
open their shops on Monday next to such workmena
might be willing to sign a declaration binding them to
,
renounce all connexion with the Amalgamated Society
Engineers and similar institutions.
circular W. atu, on tfdling the chair, read the
which he
re-
cently issucd by the Employers' Associatison,_
of the work-
said was altcgether opposed to the inte.roens.
it
contained,
men, who, by signing the dt,clari,aotiir
employers;
nod
would bccom i the mere slaves
hoft of the society men
it was their interest equally
forth thatin such a tyrannical
to resist pretensions put
,ass.on.
Compliance with
manner fdr their common opw,,oreidi
be infamous, dograd-
the terms held out to thdemhe
called upon the meeting to
ing, and disgraceful, an
['stain the Amalgamated Society
uphold their rights and_st
ha _
d assumed on behalf of the
in the posi:ion whichl i
iron trade in c
-enerrto",en aidressed the meeting, and the
Several other
resolutionsn.orkm®n
were unanimously adopted:—
following
ouce of the conduct of our employers
" 1. In
fortheenscq i document for us to sign previous to
in sending `mployment, we, non-society men, are
returning to our e.
compelled tothe best 'maintaining our
consider means of _
independence and freedom of action for the benefit or all.
~ 2. That it is expedient, in consequence of the aggres-
sive
act of our employers, to take into consideration the
ourselves into
necessity, as non• society men, of forming A maigaan associated body, in conjunction with the., ''''
pit • . a a'
-
mated Society, to resist the tyranny of c
be Appointed
"3. That a deputation from this Meting

FEB. 5.—A court-martial is ordered to take place on
Saturday the inst., on board the Monarch, 84,
guard-ship of the ordinary, Captain C. Hope, to try
Lieutenant William Kelly, senior subaltern of
the detachment of Royal Marines serving on
board her Majesty's ship London, 90, Captain
the Hon. Montagu Stopford, on charges preferred
against him by the commanding officer. The parti-
culars of the case, lest they should prove prejudicial to
the accused, we withhold for the present. Lieutenant
R. Lloyd, R.N., senior of the London, will be the pro-
secutor. The Deputy Judge-Advocate, Mr. George
getchley &sell, of Boley-bi!l, Rochester, arrived early
this morning, for the purpose, it is presumed, of making
the necessary preliminary arrangements, and fur con-
ducting the evidence on the part of the prosecution.
Her
Majesty's steamer Horatio, 24, screw steam
guard-ship, Captain the Honourable S. T. Carnegie, will
not be fully completed in her fittings until the latter
end of March.
A heavy gale of wind from the S.W. set in yester-
day morning, and still continues to auch an extent as
almost to suspend communication with the ships in
harbour. At high water to-day the sea made constant
breaches over the sea wall.
Thermometer, 47 deg. ; barometer, 29.795.

RAILWAY AND OTHER BILLS ON STANDING

ORDERS.
GREAT WESTERN.—Yesterday the standing orders
were declared not complied with in the case of this com-
pany's Bill for the purchase and transfer of the Kennett
pletion of Wilts,
Navigation, for the Completion
and Avon
Somerset, and Weymouth Line, and additional works at
Didcot.
YORK AND NORTH MIDLAND..--This
company's Bill
for amalgamation with the East mind West Yorkshire
-
Junction Railway, complied with the standing orders.
NEWMARKET.—The standing orders were complied
with for the alteration in this lino and abandonment of
extensions between Newmarket and lentford, and Bury
St. Edmund's, and substitution of bOVF lines, and for re-
duction, alteration, and regulation of capital.
EXETER AND YEOVItLhis
M essrs. Doriugton, the Par-
liamentary agents of company, announced that it
was not the intention of the promoters of this measure
to proceed further with it, and that the Bill would be
withdrawn.
HOOTON AND
NESTONM
agent of this Bill for incorporating • r• Wyatt, the Parliamentary
or ncorporating a company between
these points, made
a like declaration.
in"thEir
cue,
toT e standing orders were complied with
alter line and capital, and extend time.
LONDONAND BIRMINGHAM EXTENSION AND NORTH-
AMPTON AND DAVENTRY.—Yesterday, after long argu-
ments_ from Messrs. Hallett, Elderton' , Baggall2Y' and
Southgate, on the part. of the directors, called to account
for the disposal of 14,8001., with which they were charged
by the official manager, the Master, in delivering judg-
ment, said he should allow the charge as against all the
directors, with the exception of Mr. Linnell, that gen-
tleman not having been made liable as a contributory,
calling on them to account for the 14,8001., minus the
sum of 10,0004 paid over by them under an agreement
with the Warwick and Birmingham and Warwick and
Napton Canal Companies, reserving to himself the ques-
tion of their accountability for the 10,0001, until the suit
in equity now pending, and which involved the whole
question of " Bryson v. the Warwick and Birmingham
and Warwick and Napton Canal Companies," was de-
termined by the Covrt above."
CAMERON'S COALBROOK AND SWANSEA AND Lol7ollog.
—yesterday the claim of Mr. Atkinson, manager of the
company's works in Wales, for 7471., was allowed as a
claim only, and not as a debt, by Master Richards,
against this estate. Mr. Turquand, the official manager,
and Mr. W. Galsworthy, his solicitor, reported that they
had not yet received the books and papers to enable them
to test the correctness of these claims, but expected to
possess them forthwith.

[ADVERTISEMENT,]—Extraordinary 'Aire of Ul-
cers by Holloway's Ointment and Pills.—Extract of a letter
from Hampton, New Brunswick, dated Feb. 10, 1846.—" To
Professor Holloway. Sir —A son of mine, 16 years of age,
was afflicted with ulcers on his limbs and body for more than
three years, from which small pieces of bone had been re-
moved from time to time. I applied to several medical men in
St. John's, but all to no purpse. I was then induced to try
your Ointment and Pills, which macie a complete cure. Several
months have since elapsed, and their is not the slightest ap-
pearance of their return. (Signed) James Wetmore."
These medicines are sold by 01 Druggists, and at Professor
Holloway's E.4-tabliabinent, 244, Strand, London.
THE SUPPOSED CHILD-MURDER AT ALVINGT
The inquest on the body of the child found dead in a°dNit—ch
Gloucestershire, under circumstances reported
at Alvington,
gation. ,
Aafter two days
in The Sun of Thursdaylast, has terminated
had been fully occupied in the investi
examination of the body had ben, ma,,_post-mortem
. 'Wade, and the surgeon
deposed that the immediate cause of death was traceable to
the greatly inflamed state of the lungs. tindery
curostances the jury found an open . der these cir-
verdict of—" Found dead
in a ditch, but how the boddyo tame there there is no direct
evidence to prove beyond
strongly censured the conduct of the The jury, however,
dead offspring in a wayside ditch the mother in leaving her
the magistrates—but no further; and she was taken before
was set at liberty. evidence being adduced, she

A NEW IMPORTATION.--A certain number of Do-
minicans, wearing a long white dress covered with a black
cloak, have been seen walking in the streets of the capital.
:The strangeness of the costume attracted general notice. It
is to this order that the Abbe Lacordsirs belongs.