The Sun.
London, England, 1863-01-26 00:00:00

;THIRD EDITION.

St. N OFFICE, SEVEN O'CLOCK.

SPORTING INTELLIGENCE.

TATTERSALL'S—Tais EVENING.
LIVERPOOL STEEPLECHASE.
15 to 1 agat Avalanche (taken)
16 to 1 agst Master 13agot (taken)
20 to 1 agst Catspaw (taken)
33 to 1 agst Moar (taken)
10 to 1 agst Mr. Lamplugh's lot, Moor, Catspaw,
and Mauchline (taken)
CHESTER CCP.
20 to 1 agst Stradella (offered, take 26 to 1)
25 to 1 agst Black Deer (taken)
40 to 1 agst Plover (taken)
50 to 1 agst Welcome (taken)
50 to 1 agst Anfield (taken)
50 to 1 agst Caller Ou (taken)
1000 to 15 agst Valentine (tak n)
1000 to 15 agst Donnybrook (taken)
TWO THOUSAND.
100 to 30 agst Hospodar (taken)
4to 1 agst Saccharometer (taken)
20 to 1 agst Hospodar and Lord Clifden winning
Two Thousand and Derby
25 to 1 agst Saccharometer and Lord Clifden win-
ning Two Thousand and Derby
THE DERBY.
525 to 100 agat Lord Clifden (taken)
9to 1 agst Saccharometer (taken)
12 to 1 agst Hospodar (taken and offered)
22 to 1 agst Automaton (offered)
22 to 1 agst Tom Fool (offered)
25 to 1 agst Carnival (offered)
25 to 1 agst Blue Mantle (offered)
1000 to 35 agat King of Utopia (taken)
50 to 1 agst Glenochty colt (taken)
50 to 1 agst St Giles (taken and offered)
50 to 1 agst Cairncastle (offered)
50 to 1 agat Pratique (offered)
1000 to 15 agst Tambour Major (taken)
1000 to 10 agst Golden Pledge (taken)
1000 to 10 agst Bright Cloud (taken)
1000 to 10 agst Baldwin (taken)
1000 to 10 agst Bavaria (taken)
1000 to 10 agat Jerry (taken)

CITY BETTING—Tars DAY.
LIVERPOOL STEEPLE CHASE.
20 to 1 agst Master Bagot (taken freely)
CHESTER CUP.
25 to 1 agst Stradella (taken freely)
30 to 1 agst Black Deer (taken)
33 to 1 agst Le Marechal (taken)
TWO THOUSAND.
175 to 50 agst Hospodar (taken freely)
11 to 1 agst Brick (taken to £5O)
20 to 1 agst Pratique (taken)
THE DERBY.
1000 to 25 agst Tajo
2000 to 20 agst Golden Pledge

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.

(Before the Lord Chief Justice and Justices Blackburn,
Crompton, and Wightman.)
IRWIN V. THE QUEEN.

Mr. O'Malley Irwin applied to their lordships in person
this morning to assist him with respect to the petition of
right which he had presented to her Majesty, and in con-
nection with which he claimed damages to the amount of
£lOO,OOO. The number of adverse decisions Mr. Irwin has
sustained seemed to have no effect upon his own
view of his case. He said his application to
the Court on the present occasion was for an order
to proceed with his cause, notwithstanding her Majesty had
not endorsed upon his petition her royal fiat, " Let right
be done." He grounded his application on the 24th of
Victoria, chap, 34, the 2d and 3d sections, giving the Court
the power to proceed notwithstanding the present state of
his case. The Bth section also gives him the power to call
upon the Court for an order to proceed, whereby he could
ask their lordships to take his case into their consideration
for judgment, and award him such damages as they might
see fit.

The Lord Chief Justice remarked there was no fiat by
her Majesty in this case.

Mr. Irwin said that was so.
Mi. Justice Crompton said the Court could send out no
order under such circumstances.

Mr. Irwin contended he was entitled to the relief be
asked by right and justice.
The Chief Justice was of opinion that, until Mr. Irwin
had obtained her Majesty's fiat, he had no right upon
which he could ground his motion. The whole question
depended upon her Majesty issuing her fiat to the petition
of right, and if that was not done, then the Court was with-
out power.

Mr. Irwin said the non-issuing of the fiat was a failure
on the part of her Majesty, and ho was entitled to proceed
in the same case as of a right confessed.

The Cbief Justice remarked it was entirely a question
for her Majesty, and it was her gracious pleasure not to
issue her fiat.

Mr. Irwin said there were other sections in the act that
gave the Court the power to grant the prayer of his
petition. The Bth section bore particularly in cases of
failure.

The Lord Chief Justice said there was no failure. All
the section referred to did was to declare what was to be
done after the issuing of the fiat, and that did not apply in
the present case.
Mr. Irwin was of opinion that the cause of that was by
reason of her Majesty being in default.
Mr. Justice Compton said there could be no default until
the fiat of her Majesty was issued.

Mr. Irwin was about to again claim his right under the
Bth section of the act, when

The Lord Chief Justice said the section said certain things
were to be done. Had her Majesty issued her fiat to the
petition of right, by affixing to it the words, "let right be
done," the applicant could call upon the Court to proceed,
but her Majesty has not done so, The question is quite
clear, and it was lamentable that the time of the Court
should be taken up in the manner it was.

Mr Irwin hoped the Court would grant the prayer of his
petition, and he made no further remarks for a tew moments.

The Lord Chief Justice asked if he had concluded.

Mr. Irwin said he hal nothing further to say, but he
could hand up a copy of his petition of right if it was re-
quired. These were facts.
Mr. Justice Crompton remarked that the fact of import-
ance was that the fiat had not been issued—all the others
were of little importance.
The Lord Chief Justice was clearly of opinion that there
were no grounds for the present application, and he also
expressed his astonishment that any person could read the
sections and not be of his opinion. When a petition of
right was presented, the Home Secretary submitted it to
her Majesty, and in the event of its meeting the royal
pleasure, the flat issued "let right be done." As soon as
that is done, then the Court is bound to carry on the
case. He also thought that any person acquainted with the
meaning of language could plainly see, by the act in glum-
Vim, her Majesty was not deprived of the right to grant or
withhold her Sat in petitions of right, just as it suited her
royal will and pleasure.
The other judges agreod with the Lord Chief Justice, and
the application was unanimously refused.

SHIPPING INTELLIGENCE—This Day.

LONDON, Jan. 2G.—Wind this day at noon--South-
West; strong bzeeze, and fine weather.
PORTSMOUTH, Jan. 25.—Wind
Majesty's ship Rhadamanthus, from the Eastward.

(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Monday Morning.
Arrived, Jan. 25.—Providence, from Gravelines ; Celle,
from Grmemala; Ellen, from Dunclair; Jupiter, from
Cadiz; Lavinia, from Guernsey; Camilla, from Alexan-
dria; St George, from Surinam ; George William, from
Diepi e; B njamin Scott, from Guernsey; Adolph, from
Rio Grande ; Ottawa, from Dantsic ; M. A. Balch, from
Callao; Adelaide, from Demerara.
Arrived Jan. —Margaret Allen, from Marseilles;
Wave of Lite, from Melbourne ; Leeds, from Megader:
James Duke, from Aden; Monitor, from Philadelphia
Tartar, from Lisbon.
M
DEAL,
Passed—Lord Reel in, from London fo
Anchored—Meg Merrilies, from London, fr Alg7BdaooYzn Morning.boa Bay.
y
.

Mr. Henry
Phillipos announces a farewell concert.
Signor Mario,
and thwehref troth to say, has not been
ore not frequently, at the Italian
singing well,
Opera in Paris the winter, has, whether Wisely or unwisely,
accepted an engagement at Barcelona, whither he will pro-
ceed in February
Moliere's birthday has been duly kept in Paris
at the two classical theatres—the Francais and the Odeon.
At the former by the performance of " Le Misanthrope"
and "Le Malade Imaginaire ;" at the latter, by " L'Ecole
des Maria," " L e Malade Imaginaire," and a new piece,
La Fille de Moliere."

HAIL MOON, &C.—How lightly thou turnest, sus-
tained by the impalpable ether. It becomes polished
around thee, and the movemement of thy agitation dis-
tributes the winds and the fruitful dews. As thou
waxest and wanest, the eyes of cats and panthers
lengthen or shorten. Wives howl thy name in
the anguish of child-bearing. Thou swellest the
shells I Thou makest wines to bubble ! Thou makest
corpses to putrefy I Thou formest pearls at the bottom of
the sea I . . . But a terrible mistress art thou! By
thee are produced monsters, frightful phantoms, lying
dreams ; thine eyes devour the stones of buildings, and
monkeys sicken each time that thou renewest thy youth.—
64"MhOt 33y Gustave Flaubert (evidently a lunatic).