The Sun.
London, England, 1863-02-28 00:00:00

rilE SUN, LONDON, SATURDAY* EVENING, FEBRUARY 28, 1863.

LAW INTELLIGENCE---This Day.

LORD MAYOR'S COURT.
(Before the Common Sergeant and a Jury.)

SINGULAR DEFENCE.-HOLMES V. FLACK AND ANOTHER,

This was an action to recover £66, under somewhat ex-
traordinary circumstances; Mr. Matthews. instructed by
Mr. Pearce, of Giltspur-street, appearing for plaintiff,• and
Mr. Philbrick, instructed by Mr. Orton, of the Old Jury,
for defendants.

The plaintiff is a butcher, and defendants are in the same
line of business, being described as live stock salesmen. It
appeared in June, 1859, that a cheque was given by plain-
tiff, and it was alleged on his behalf, to both the defendants,
for the purpose of buying some sheep. Plaintiff said that
the names of both defendants were upon the cheque, which
had been destroyed, and that Flack had been through the
Insolvent Debtors' Court.

The jury found for the plaintiff for the full amount.

POLICE INTELLIGENCE---This Day.

MARLBOROUGH-STREET.

SHOCKING STATE OF THE NIGHT HORSES WORKING
IN THE " CITIZEN" 01NINIBUSES.—Samuel Rumball, badge
13,912, driver of omnibus 7,109, the property of Mr. Shilli-
toe, was charged before Mr. Knox by Mr. Wm. Love, chief
officer of the Royal Society for the Prevention of Cruelty to
Animals, with cruelly torturing two horses by working
them in an omnibus whilst in a totally unfit state for labour
by night.

James Rutherford, one of the society's officers, said—
This morning at,out one o'clock I was on duty in Oxford-
street with Jenkins, another officer of the society, when I
saw the defendant driving two horses attached to an omni-
bus from the end of Tottenham Court-road to Oxford-
street. The defendant flogged the horses several
times, and as they seemed unable to go along with the om-
nibus, I was induced to examine them. The near side
horse I found to be very lame, with broken knee. There
was an enlargement of the fore fetlock joints, and the horse
was in a weak and debilitated state, and totally unfit for
work. I took the horse away from the omnibus and al-
lowed the conductor to go on with the other horse ; but,
seeing that it was also going lame, I examined it, and found
it lame of both forelegs. The sweat was running off both
horses, and on asking the driver why he flogged the horses,
he said he was obliged to do so to get them along,
but that he did not think they were so bad or he would
not have brought them out, as three months ago he was
fined 10s. at the Marlborough-street police court for a simi.•
lar thing.

Mr. A. Cherry, veterinary surgeon, said—l inspected
the two horses complained of by the last witness, and
found the first one he complained of to be very old, poor.
weak, lame, with broken knees, sores on each side of the
fetlock joints, produced by placing one foot against the
other from excessive weakness and lameness. The other
horse was a trifle better, but it had a sore on the near shoul-
der. 'The animal was very weak, and rendered much worse
by being compelled to do the whole labour of drawing the
omnibus, the other horse being incapacitated from its con-
dition.
Mr. Knox—Can the horses ever be of use ?

Mr. Cherry—Not for omnibus work certainly, but the
horse first spoken of is totally unfit for use, having dis-
eased lungs.
Mr. Love—The notoriously bad state of the horses work-
ing in what are called the Citizen omnibuses, running
from Paddington to the City, has been the source of corn •
plaint for some time past, and notwithstanding repeated
warnings to the proprietors and drivers, the evil still con-
tinued.

Mr. Knox—The proprietors who send out these horses
are more to blame than the drivers. The best course will
be to allow the defendant to go at large on his own recog-
nisances, to detain the horses, and to summon the owners.
The horses were ordered to be detained, and the owner
summoned.

ROBBERY BY A SERVANT,.--ABII Harris, charged last
Saturday with stealing a pair of trousers, the property of a
gentleman, named Levien, was again brought up.
There was an error in the report, it appears, as to Mr.
Levien being the proprietor of the establishment referred
to, which arose from that gentleman having house property
in the neighbourhood.

Prisoner stating that she was very sorry, and Mr, Levien
stating that he did not wish to press the case, prisoner was
committed for a month for unlawful possession.

THAMES.

TAKEN TN AND DONE FOR.—A SENSIBLE OFFICER.
—Directly Mr. Selfe had taken his seat on the bench this
morning, a young man, runner and touter to an outfitter
and clothier, got into the witness-box, and said he had a
serious complaint to make against a police-inspector. A
ship arrived three days ago in the London Docks, and one
of the crew, whose custom was solicited, and who said his
balance of wages amounted to £4 10s., was supplied with
clothes to the amount of £3 15s. It was afterwards ascer-
tained that the sailor had no wages to receive, that he had
overdrawn his account with the captain on the voyage,
and was actually indebted to the ship.
Mr. Selfe—You were done. (A laugh.)
Applicant—Yes, sir. The seaman was given into cus-
tody, and taken to the station-house for the fraud.
Mr. Selfe—Fraud ?

Applicant—Yes, sir ; and the sergeant was about to enter
the charge on a police-sheet, and lock up the man, when
an inspector interfered, and said it was not a felony, and no
magistrate would entertain such a charge.
Mr. Selfe—The inspector is a very sensible man.
Inspector Dandy, of the H division, a very respectable
and intelligent officer, acknowledged the compliment, and
said the applicant went on board ship in the river before
her actual arrival in dock, without permission of the mas •
ter, for which he was liable to a penalty of £2O, under the
237th section of the Merchant Shipping Act, The seaman
was dragged out of the ship, taken to the house of the ap-
plicant's master, stripped of his old clothes and new ones
put on him.

Mr. Selfe—l know how business is done in the port of
London, and how very anxious outfitters and boarding-
house-keepers are to do business with seamen. If trades-
men who make such large profits by sailors will give them
credit without making proper inquiries, they must take the
consequences.

The Applicant—What am I to do ?
Mr. Selfe--Your master can sue the sailor for the re-
covery of the debt in the County Court if he can find him.
(Laughter.)

The Applicant—He will be at sea again before we can do
that.

Mr. Selte—No doubt of it. The criminal law is not to
be made use of and set in motion to recover tailor's bills.
The applicant then retired, making nothing by his
motion.

THIRD EDITION

SUN OFFICE, SIX O'CLOCK.

SPORTING INTELLIGENCE—This Day

CITY BETTING.—THIS DAY.
LIVERPOOL STEEPLECHASE.
12 to 1 agst The Dane (taken)
14 to 1 agst Emblem (taken)
14 to 1 agst Master Bagot (taken)
15 to 1 agst Satellite (taken)
16 to 1 agst The Orphan (taken)
20 to I agst Jealousy (taken)
25 to 1 agst Lincoln (taken)
25 to 1 agst Shropshire (taken)
25 to 1 agst Medora (taken)
25 to 1 agst Aubrey (taken)
33 to 1 agst Northern Light (taken)

BETTING AT MANCHESTER—THIS DAY.
LIVERPOOL STEEPLECHASE.
100 to 8 agst Satellite (taken)
100 to 8 agst Dane (taken)
100 to 8 agst Orphan (taken)
100 to 7 agst Emblem (taken)
100 to 6 agst Master Bagot (offered)
20 to 1 agst Jealousy (taken)
20 to 1 agst Arburg (taken)
100 to 3 agst Avalanche (taken and offered)
50 to 1 agst Lincoln (offered)
50 to 1 agst Anatis (offered)

MARKETS—This Day

COVENT
We have to report continu
vegetables at barely late rates
ever, support previous quotati

GARDEN.
zed heaviness in the trade for
)8. Most kinds of fruit, how-
;ions.

FRUIT.
Pine apples 8 otolo d.
0 Cherries, per lb. 0 oto 0 0
Colonial do., each 0 oto 0 0 Foreign ditto, pun° oto 0 0
Grapes,per lb 8 oto 12 0 Filberts, per lb .. 1 6to 1 9
Foreign do 1 6to 2 0 I Walnuts, per 100 0 oto 0 0
Melons 0 oto 0 0 Cobnuts, per lb .. 0 oto 0 0
Nectarines, per dz 0 oto 0 0 Almonds, per bus 0 oto 0 0
Apples, per hf-sv. 2 oto 4 0 Figs, per doz. .... 0 oto 0 0
Pears, per do
Oranges, per 100 3 oto 8 0 Currants, per li.sv 0 oto 0 0
Lemons, per 120 3 oto 7 0 Plums, per do. .. 0 oto 0 0
Gooseberries hf sveo oto 0 0 Greengages, pr do. 0 oto 0 0
Strawberries pr pt 0 oto 0 01Raspberries,pr pt 0 oto 0 0
VEGETABLES.

-----
Greens, dz bunch 2 6to 3 0 Shallots, per lb .. 0 oto 0 0
Cabbages, pr doz 0 9to 1 0 Horseradish, pdo 1 oto 2 0
Red ditto 2 oso 4 0; Parsley, per ditto 0 oto 0 0
Savoy do., pr dz 010 to 1 41 Celery, per ditto 0 9to 1 6
Cauliflowers, pdz 1 oto 3 0 Beet, per doz. .. 1 6to 2 0
Brocoli, per bun. 1 oto 1 3 ' Parsnips, per do. 0 oto 0 0
Potatoes, per ton 100 to 150 0 Small salad, p. pn, 0 oto 0 0
New ditto, pr pnt 1 oto 1 8 laushrooms,p ptl. 0 9to 1 3
Turnips, dz bunch 1 6to 2 0 Artichokes, each 0 oto 0 0
Carrots, pr do 4 6to 5 6 Cabbage lett,score 0 oto 0 0
Cucumbers 0 oto 0 0, Mint and savor y.. 0 oto 0 0
Garlic, per lb
Sorrel, per sieve 0 oto 0 0 Radishes, dz hnds 0 oto 0 0
Green peas, h.-sy. 0 oto 0 01 Tomatoes, doz... 0 oto 0 0
Brus. sprouts,h.s. 1 3to 2 6 I Chillies, per ditto 0 oto 0 0
Onions, doz. bn 1 6to 2 0 Capsicums, per do 0 oto 0 0
New Do., dz bun 0 oto 0 0 Rhubarb, per bun 0 6to 1 6
French beans, h.s. 0 oto 0 0 Asparagus, pr do. 0 oto 0 0
Leeks, per bunch 0 OSo 0 0 ; Seakale, per bun. 1 oto 2 0
NEWGATE ANL LEADENHALL.
Turkeys, 5s Od to lOs Od ; geese, 5s Od to 7s Od each ;
goslings, Os Od to Os Od ; ducks, 2s (5d to 3s 9d ; ducklings,
2s Od to 3s 9d; rabbits, is Od to 2s each; wild do., 10d
to is 2d ; pigeons, Os 10d to is Od each ; large Surrey fowls,
lOs Od to 14s Od ; chickens, 7s Od to 98 Od; barn-door fowls,
4s Od to 6s Od; capons, Os Od; hares, 4s Od to Os Od ;
ptarmigan, is 6d to Os each ; pheasants, Os Od to Os Od ;
partridges,Os Od to Os Od ; woodcocks, Os Od to Os ; snipes, Od
to Os Od; teal, Os Od to Os Od ; wild ducks, 2s 6d to 3s Od ;
widgeons, Os Od to Os Od ; plovers, Os Od to Os Od each ;
guinea fowls, 68 Od to 7s Od ; roasting pigs, 5s Od to 8s Od
each; Ostend fresh butter, lld to is ld ; English, is Id
to is 5d per lb ; English eggs, 9s Od to lOs Od ; French do.,
8s Od to 9s Od per 120 ; leverets, 3s Od to Os Od each.

BILLINGSGATE.
Salmon, is Gd to is 10d ; trout, Od to Os ; eels, 8d to Is ;
prawns, Os to Os ; pike, skate, sturgeon, and halibut, 6d per
lb. ; turbots, 2s Gd to 25s ; cod, 2s Od to 15s Od ; brills, is Od
to 5s Od ; doreys, is Od to 7s Od ; mullets, Os 6d to 2s Od ;
lobsters, 2s 6d to ss; crabs, is Gd to 3s ; plaice and gurnets,
Od to Os Od each ; soles, Gd to 2s Od per pair ; common
oysters, —s to —s • natives, 48s to —s per bushel ; whitings,
3s Od to 9s; haddocks, 4s to 12s ; smelts, is Od to is 6d;
flounders, Os Od per dozen ; mackerel, 50s per 120 ; fresh
herrings, 5s per 100 ; bloaters, Os to Os per 100 ; carp and
ench, Os Od to Os per brace.

INFER

HOUSE OF LORDS—Last Evening.

The Loan CHANCELLOR took his seat on the woolsack
at the usual hour.

PRUSSIA AND RUSSIA.

The Earl of ELLENBOROUGH referred to the state•
ment made by Earl Russell with regard to the convention
between Prussia and Russia. That statement had assured
him the matter might be safely left in his hands ; but he
had seen a statement in a newspaper from a speech of
Count Bismark, that there was some inexactness in what
the noble earl had stated, and he therefore wished the noble
earl to have an opportunity of making any observations on
the subject he might feel disposed.
Earl RUSSELL said that it did not appear clear what
Count Bismark had said, but he certainly had stated ex-
actly what had passed between him and the Russian and
Prussian ambassadors, that he had been informed that the
convention was for the purpose of Polish refugees being
given up to the Russian authorities, and the giving of
assistance to Russian troops forced to flee from Russian
territory. He adhered to the statement, which had been
confirmed by subsequent events.
The Earl of SHAFTESBURY asked a question respect-
ing the statement relative to the arrest of Polish students.
Earl RUSSELL said he believed it was true that an
arrest of students had taken place, but he did not know at
the present moment whether the students had been given
up to the authorities in Russia.
The subject then dropped.
PRINCE OF WALES ANNUITY BILL.
Earl GRANVILLE moved the second reading of this
bill. The noble lord said he did not think there was any
necessity for him to go at any length into the nature of the
provision made on former occasions, or the increased
value of money since that period. It was matter
of congratulation that, by the economy introduced with re-
gard to the management of the Duchy of Cornwall, such a
moderate sum as that proposed was all that was required on
the present occasion.
The bill was then read a second time.
TRANSPORTATION.

Earl STANHOPE moved that an humble address be
presented to her Majesty for a copy of a memorial presented
on the 12th of February, 1863, by a deputation of the colo-
nists from West Australia to the Duke of Newcastle, pray-
ing for a more extended system of transportation to that
colony. The noble earl said it was really desirable to know
whether the Government felt disposed to grant the prayer
of the memorialists. He felt that great advantages would
flow from a well considered plan for the introduction of con-
vict labour in many of our distant dependencies. In carry-
ing out such a proposition, of course two things would have
to be considered, namely the advantage likely to result to
any particular colony to which that labour
might be sent, and whether the colonists were
willing to receive convict labour. He was aware that a
Royal Commission was now inquiring into the sub-
ject of prison discipline, but whatever might be the report
of the commissioners he thought but little good would be
effected until they returned to the system of transportation.
The Duke of NEWCASTLE said he did not expect the
noble lord would think that he ought to enter fully into
a question which was now the subject of inquiry by a Royal
Commission, and in which the question involved was the
best system of convict punishment—prison discipline or
transportation. With respect to Bermuda, that could only
be considered as a colonial prison, in which it had been
thought desirable to reduce the number of prisoners.
In any question of transportation, Bermuda was
not likely to be taken into account. The only remain-
ing convict settlements were Bermuda, Gibraltar, and
Western Australia, and with a diminishing number of con-
victs sent abroad it became necessary to abandon one of
them, and it had been decreed that that one should be Ber•
muda. He did not know that the noble earl had exactly
stated the case for Western Australia. The sending out
a number of convicts irrespective of the crimes they
had committed, had been fraught with the worst re-
sults, but in the event of its being thought desirable to send
any larger number of convicts abroad, the wishes of the
colonists of Western Australia would not be lost sight of.
He had no objection to offer to the motion of his noble
friend.
The motion was agreed to.

ENGLISH CHURCH SERVICES IN WALES BILL.
This bill, on the motion of the Bishop of BANGOR, was
read a third time and passed.
Their lordships then adjourned.

HOUSE OF COMMONS---Last Evening.
The SPEAKER took the chair at four o'clock.
DEAL IMPROVEMENT BILL.

On the second reading,
Mr. KNATCHBULL-HUGESSEN moved that it be
read a second time that day six months, on the ground
that the majority of the inhabitants were opposed to the
bill, there being an act in fol ce which gave all the advan-
tages sought to be obtained by this measure.

Sir C. BRYDGES seconded the motion.
Mr. M ASSEY supported the amendment.
After a few words from Sir E. BERING, the second
reading was negatived without a division.
SECOND READINGS.

The Hastings Pier, Harbour, and Railway, and Newton
and Malignlleth Railway (agreement with the Great
Western) Bills were read a second time.

BRISTOL DOCKS AND PORT BILL.
On the motion of Mr. FORSTER, these bills were referred
to the General Committee on Railway and Canal Bills.
PETITIONS.

Mr. Cox, from Alderman and members of the Common
Council of London, in favour of the retention of Epping
Forest for the public, and praying for inquiry.—Mr. CO B-
DEN, from Rochdale, praying for an equalisation of the
sugar duties.

THE COMMERCIAL TREATY BETWEEN
FRANCE AND ITALY.
Mr. W. FORSTER asked the Under Secretary of State
for Foreign Affairs, whether the Foreign Office had in its
possession a copy of the Commercial Treaty between France
and Italy now waiting ratification by the Italian Parlia-
ment, and also a copy of the new Italian tariff; if so,
whether he was prepared to lay these documents upon the
table of the house; and, if not, whether he was aware that
several days ago these documents were laid upon the table
of the Italian Chambers by the Italian Minister ?
Mr. LAYARD hoped that the explanation which he
ventured to offer the other night would have been deemed
satisfactory. The fact was that treaty had not been com-
pletely ratified. However, as soon as it aas ratified it
would be laid on the table of the house, and communicated
to the various cham hers of commerce. An abstract had
been confidentially communicated to the Government.