The Sun.
London, England, 1837-02-16 00:00:00

VICE-CIIANCLRY.-(THIS DAY.)

GLAECOTT V. LANG, GRICE, AND OTHERQ.

Mr. KNIGIIT, on behalf of the plaintiffs in this case, applied
for a special injunction to restrain the defendants Brice and
others, or their proctors, from instituting, or prosecuting any
suit in the Court of Admiralty, against a ship called the Mar-
garet Ogilvie, or from parting with the bottomry bond, on the
ground that that securitF•, in consequence of the transactions

. -
that aecomyarded it, was not valid in the law. From the
statement of the Learned Counsel, the facts appeared to be as
follows. The suit was instituted by the mortgagees of the
Mat yaret Ogilvie, whose owner was a Mr. John Ogilvie,
residing in Scotland. By a charter party, dated in Sep-
tember, 1835, that vessel was taken up upon freight by
a Mr. Carr of Glasgow, upon a voyage to Rio in the
Brazils,where she was to reload either for tb• Nlefliterranean or
London. The vessel had been taken up at considerable freight,
and certain securities were granted upon her to the plain-

tiffs, by which the ship and freight were mortgaged for
a considerable sum. The security looked to be al-
most as much as the vessel was the amount of the
freight under the Charter Party, and for the purpose
of giving full effect to the securities, a bill of sale was exe-
cuted of which notice was given to Mr. Carr, who, in
return, stated that he had settled both for the out-
ward and homeward•bound cargo, and therefore the par-
ties must look to the owners—at the same time stating
that his partner in London was Mr. J. Lang, of 55, Old Broad-
street. The vessel sailed to Rio, at which place she took in a
cargo and proceeded to Trieste, where the transaction took place
which the plaintiff impeached, namely, the borrowing by the
Captain of nearly 5001. on a bottomry bond. The substance
of the case of the plaintiff; was that Mr. Carr's house, of
which Mr. Lang was a recognised member, had, in point of
fact, come under advances for Ogilvie to an amount exceeding
both the outward and homeward bound cargo, with respect to
which that house had not taken the precaution of having
security ; and further, that Mr. Lang, being the char-
terer of the vessel; and the Captain being under his
direction and control, and Mr. Lang having also a house
of trade at Trieste, this proceeding had been resorted to
under the name and colour of bottomry ; the Captain was
procured to pledge the ship for money, supposed to be wanted
for the purposes of the ship, but which in reality was for the
purpose of paying money due to Carr and Lang, in respect of
their advances, for which they had taken no security. To
cover this transaction, the money in question was obtained,
not directly from the house of Carr and Lang, but from one of
the defendants named Brice, whom it was believed was in
some way or other connected with the house, of which Mr.
Lang was a partner. Mr. Brice had a brother resident in
the Commercial-road, who was in the employment of Mr.
Lang's house in London, and to him the alleged Bottomry
Bond had been endorsed over by his brother in Trieste, who
had instituted proceedings' for making it effectual against the
ship, to restrain which was the object of the present motion.
The Learned Counsel submitted, on behalf of the plaintiffs,
that, according to the decisions of Lords Stowel and Eldon,
the circumstances under which the bond had been granted ren-
dered it invalid.
The case was proceeding when our reporter left, and ap-
peared likely to occupy the whole day.

KING'S BENCH.—(THIS DAY.)
(Before Lord DENMAN and a Common London Jury.)
ROBERTSON V. 51911TH.

Mr. CHANNELL stated the case. It was an action to re-
cover a sum of 221. 14s. for work and labour done by plain-
tiff, an attorney, carrying on business at Cuckfield and Hors-
ham, for the defendant, a shopkeeper at Brighton. The de-
fendant was at the time the business was done an inmate of
Horsham gaol ; and the defence set up was, that the plaintiff
had offered to do the business for nothing, the defendant being
at the time in great difficulties, and unable to meet his en-
gagements.
Mr. PLATT appeared for the defendant, and after several
witnesses had been examined on both sides,
Lord DENMAN observed, that it was impossible for the Jury
to come to any determination upon the case without imputing
perjury to some of the witnesses, for the facts deposed on
either side could hardly be reconciled with truth. After com-
menting at some length upon the evidence of the various wit-
nesses, the Jury found a verdict for the defendant.

Lord James Stuart and Mr. D. W. Harvey's names
were omitted in the List of the Minority on Sir W. Moles-
worth's motion.

SURREY THEATRE.—Last night was presented
here Lacy's English version of Rossini's Opera of Cinderella,
in which Mr. Sinclair, who is engaged for a limited period,
again made his appearance upon these boards in the part of
Felix. He was heartily greeted on his entree, and sang with
his accustomed sweetness the opening solo, " Morning its
Sweets," and in the concerted pieces no less satisfactorily ac-
quitted himself. Mr, Lenox afforded very efficient support to
Dandini, and sang very effectively in the duet, " Sir, a Se-
cret," with Mr. W. Smith, who sustained in the ablest man-
ner the part of the Baron Pompolino. Miss Byfield success-
fully supported the part of Cinderella, and in her songs and
finale elicited very general applause. In Miss Collett, who
was announced for the principal character, but who assumed
only the Fairy Queen, we thought we discerned the promise
of future success. The Opera, which was received through-
out with approbation, was followed by the romantic spectacle
of the Forty Thieves.
The sale at the Jerusalem Coffee-house has caused
a considerable sensation in the wine trade. Fifty thousand
bottler, and all of the first-rate order, will be no small impedi-
ment to the regular course of trade, inasmuch as the character
of this establishment for the last century has never been, for
a moment, equivocal. George Robins presides over this great
event.

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Yesterday morning, at an early hour, the body of a
young man named Larkson, an accountant, who resided in
Marshall-street, Lambeth-walk, and has been missing for se-
veral days past, was found floating in the river, at Bankside.
It was got ashore, and from appearances would seem to have
been in the water for some time. The unfortunate man had,
for several months past, been labouring under an occasional
aberration of mind. The property be left home with was
found in his pocket.
Lady Henry Moore, mother of the present Mar-
quis of Drogheda, is remarried to Edward Henry Cole, Esq.,
of Stoke Lyne, Oxfordshire, nephew of the late Earl of
Derby. She is sister to the Countess of Darnley. The young
Marquis is in his 13th year, and has been some time at Eton
School; he is Baron Moore, in the English Peerage.
The plans are so voluminous of the Devonshire
property (the Blackwater estate), that it was feared the sale
would be delayed ; but George Robins, by dint of the appli-
cation of an additional quantity of steam, has, it should seem,
completed the whole. This sale has already caused a great
sensation in Devon, as it is a circumstance of very rare occur-
rence for a large property in the vicinity of the river Dart
being in the market.—Plymouth Paper.
On Tuesday afternoon, as his Majesty was passinn.
through Shoreham; fifteen or sixteen French sailors draw up
in a lineovaving their hats, and crying " Vive le Roi."
Brighton Gazette.
The Working Men's Association of Hull has pre-
sented an address to Mr. Roebuck, expressing thanks for, and
strong approbation of, his speech in defence of the rights of
the democracy, on the first night of the Session. Mr. Roe-
buck, in his reply, dwelt upon the difficulties which a sincere
friend of the people had to encounter in Parliament, and
pledged himself to constant exertion in the good cause.
It is said Mr. George Robins has already six re,
tainers to welcome him on his visit to Exeter on the 11th of
next month. Enmore Park, in Somersetshire, the great aP
pendage to the renowned castle, and a rental of 1,0004 a-
.
year, is amongst the number.—Exeter Paper.

Yesterday morning, about ten o'clock, as several of
the workmen employed under the direction of Sir Frederick
Smith, Colonel of Engineers, in erecting a military chapel at
the Wellington Barracks, St. James's Park, were on a scaffold
about fifty feet from the ground, a heavy cornice, upon which
they were at work, gave way, carrying the scaffolding with it.
About thirty feet of the cornice was torn from the building,.
and James Hughes, the master plasterer, Nicholas Farmelow,
and his son, both labourers, were taken up in an apparently
lifeless state, and cynveyed to the Westminster Hospital, where
u expired in less than half an hour afterwards. Fertile.
lleigw had
both his legs broken, and otherwise sustained severe
injuries, and the recovery of his son is despaired of, his head,
when he was taken to the hospital, scarcely bearing the ves-
tige of the human form. A man and two boys escaped by
miracle ; at the moment the mass of stone and mortar was
falling, they jumped upon a ladder which happened to be placed
upon the spot, and the man slid down it, calling at the same
time upon sonic workmen who were below to keep it fast; the
boys then effected their descent. The building has been
erected by contract, and various rumours are abroad as to the
immediate
,cause of the accident, upon which it is stated a full
theof "stAonecei
investigation will take place. A jury was in the evening held
if%a•l:leinnE7tohfeytherectouzieede, ao verdict on the'bodiyh,e
dental
.t not being of sufficient strength •" • d
which
sDuepapiohrtbeyd
1.5 P an the Jury
recommended that the remaining part.of the cornice, not being
secure, be taken down and rebuilt, and that the Coroner do
communicate the verdict to the proper authorities. The in-
quest lasted five hours.
The spirited electors of Gateshead have determined
to act in a manner becoming their previous political character.
They intend to invite the three candidates to represent them
in Parliament to meet them face to face at an appointed time
in Gateshead, so that the constituency may, with the necessary
information before them, decide who, is most worthy of their
confidence.

Mr. Cumming, the defendant in the late celebrated
trial, as soon as the verdict of the jury was returned on Sa-
turday, drove to Ashburnham House, and had a long inter..
view with his intimate friend, Prince Paul Lieven. Mr. C.
is a private gentleman of fortune, residing in the Albany.
On Friday last, one of our riding officers suspecting
that some contraband spirits were going to be landed at the
Powder Magazine, proceeded thither for the purpose of secur-
ing the delinquents ; but the night- being extremely dark, and
the officer not being well acquainted with the locality, in-
stead of riding over on the gravel shingle, he got upon the mud,
where both the horse and his rider were completely immured ;
the officer bawling lustily " a man lost !" and the wind car-
rying the sound towards Baiter, the officer and horse were
safely got on shore.—Hampshire Advertiser.
It must be encouraging to speculators in railways to
learn that the number of passengers on the Liverpool and
Manchester railway in the month of January this year, ex-
ceeded that of the same month last year by 3,ooo.—Liverpool
Chronicle,