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

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.
(Before the Lord Chief Justice and Justices Blackburn,
Crompton, and Wightman,)
IRIS IN 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 he
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 he was entitled to proceed
in the same case as of a right confessed.
The Chief 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 deolare 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 few moments,
The Lord Chief Justice asked if he had concluded,

Mr. Irwin said he harl 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 fiat 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 ill ques-
tic,n, her Majesty was not deprived of the right to grant or
withhold her fiat in petitions of right, just as it suited her
royal will and pleasure.

The other judges agreed with the Lord Chief Justice, and
the application was unanimously refused.

SPORTING INTELLIGENCE.

CITY BETTING—Trus 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 DERBL
1000 to 25 agst Taje
2000 to 20 agst Golden Pledge

BETTING AT MANCHESTER-SATURDAY.

CHESTER CUP.
25 to 1 agst Stradella (taken)
30 to 1 agst Black Deer (taken)
33 to 1 agst Le Marechal (taken)
THE DERRY.
50 to I agst Early Purl (taken)
50 to 1 agst Michael Scott (taken)

SHIPPING INTELLIGENCE—This Day.

LONDON, Jan. 26.—Wind this day at noon—South-
West; strong breeze, and fine weather.
PORTSMOTJ TH, Jan. 26.—Wind N.W.—Arrived—Her
Majesty's ship Rhadamanthus, trom the Eastward.

(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Monday Morning.
Arrived, Jan. 25.—Providence, from Gravelines ; Celle,
from Grasemala ; Ellen, from Dunclair ; Jupiter, from
Cadiz; Lavinia, from Guernsey; Camilla, from Alexan-
dria; St. George, from Surinam; George William, from
Dieppe; Benjamin Scott, from Guernsey; Adolph, from
Rio Grande ; Ottawa, from Dantsic ; M. A. Balch from
Callao; Adelaide, from Demerara. ,
Arrived Jan. 26—Margaret Allen, from Marseilles;
Wave of Life, from Melbourne ; Leeds, from Mogador ;
James Duke, from Aden; Monitor, from Philadelphia ;
Tartar, from Lisbon.

DEAL, Monday Morning.
Passed--Lord Rac,,lAn, from London for Bombay.
Anchored—Meg Merrilies, from London, for Algoa Bay.

Mr. Henry Phillips announces a farewell concert

Signor Mario, who, truth to say, has not been
singing well, and therefore not frequently, at the Italian
Opera in Paris this 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 Maris," "L e Malade Imaginaire," and a new piece,
"La Fille do Moliere."

A report is current that a despatch from Constantinople
has been received at the Ministry of Foreign Affairs in
Paris, announcing the decision arrived at by the Conference
of Ambassadors assembled to settle the affair of the arms
sent into Servia. The opinion of the Conference is said to
be that there was no kind of infraction of the convention of
the 19th August, and that consequently there was no need
for the Porte to send a commission into the Principalities.
The Conference was simply about to draw up some obser-
vations which it proposed to address to Prince Conga.
THE CROWN OF GREECE.—A communication
from Brussels of the 22d in the Pays has the fol-
lowing :—" A. new phase has taken place in the negotia-
tions relative to the election of Duke Ernest of Saxe-Co-
burg to the throne of Greece. The Duke had refused
positively, and in fact was in the act of leaving for Ger-
many, when a telegraphic despatch from London induced
him to delay his departure for 24 hours. At the same
I time were on their way to lirussels Marshal Magnan,
charged, report said, with a private mission, and Lord
Grey k?) sent by the Queen of England. Both these person-
ages arrived here yesterday, and were at once received
by the Sing at the Palace of Lacken, the Duke of Saxe-
Coburg being present at the interview. The King men-
tioned the conditions fixed by him 32 years ago for accept-
ing the throne of Greece--conditions not accepted
great Powers, but which after events had showne consented
tod by
be well
founded. The Duke, lam informed, in the
n
to accept conditionally the offers him,madeprovided the
letter of King Leopold of May 21,
30,
the basis of the negotiations.
ThatlBlette should be taken as
r declared that the
writer, then Prince of Saxe-Coburg,
could not accept the
was enlarged on
diontuhreesr ide
of Turkey. After the at
throne of Greece unless her territory
aand the Duchess
els in
Countteie wd
o thereF ianwdaare
the Palace of Brussels,
de Brabant doing the honours, in the absence of the King,
who was not present from being somewhat fatigued. After
the dinner the Duke left at ten at night for Germany—this
time, really—the Count de Flandre accompanying him to
the railway station Marshal Magnan passed the evening
with General Baron Chazal, Minister of War." The Mar-
shal arrived yesterday in Paris from his short visit to
Brussels.

A communication from Zurich states that conside-
rable sensation has been produced in that place, by
the arrest of the cashier of the Bank, a man about 60 years
of age, who has always enjoyed the unlimited confidence of
his employers. A complaint had been made that in a sum
paid by that establishment some rouleaux supposed to con-
tain gold were filled with pieces of lead cut to the same size.
The cashier was arrested, and on a rigid investigation
taking place, a deficit of 183,000 f. was discovered. The
prisoner, soon after his detection, endeavoured to commit
suicide, but did not succeed, and is now getting better from
the wounds which he inflicted on himself. No one knows
what he can have done with such a large Rah".