The Sun.
London, England, 1839-05-23 00:00:00

TOTLIS V. GRAVE..

In this caw the question raised between Mr. Toplia, the
eminent auctioneer, and a solicitor of high standing, re-
garded the right of the former to an indemnity from the
Litter for certain sales, and involved many dry points of
law. The deeisich was in favour of Mr. Toplis.

FhNDALL V. NOKES.
- This case was one of no small interest. It was an appli-
cation for a rule to show cause why there should not be a
new trial of an :action, brought by the propri,tor of the
well.known Coffee-hou.e in Bridge-street, Westminster,
to recover a bill of 271. 103 for variJus refreshments sup-
plied to the witnesses in a case for one of the parties, in
which the defendant was attorney. The Jury found for
the plaintiff Lord Longford was the party fur whom Mr.
Kokes was concerned. Early in the morning of the day
when the trial was expected to come on, his Lordship
entered titv coffve-room, where the witnesses on his side,
to the number of 40, were assembled, and told them to
" call fur what they wanted, and make themselves corn-
furtable;" a permission of which they did most assuredly
very liberally, avail themselves, for they had 20 bottles of
wine, 212 ,lasses of brandy and water, and innumerable
quarts of ale, half-and-half, and other malt liquors. It
was not pretended that either the attorney or his clerk were
in the room then ; they came in however in the course of
the day ; and it was contended that the attorney was the
party liable.
Mr. Sergeant ATCHERIAT argued for the rule, insisting
that the mere fact of a gentleman being attorney for a
party could never in justice make him liable for any ex-
pense ordered by his client.
The LORD CHIEF JUSTICE observed that the attorney
could recover from his client.

Mr. Sergeant ATCHERI,EI said that point had been used
with great effect at the trial. The fact, however, was not
so, nor was it to be expected that any attorney would
be allowed to recover so extravagant a bill from his client.
The LORD CHIEF JUSTICE (with whom Justices Bosan-
pet and Erskine concurred) held that there had been
sufficient evidence to go to the Jury, and that the verdict
ought not to be disturbed.
Mr. Justice COLTMAN gave a contrary opinion, and
thought there was not even a prima facie case for charging
the attorney.
Mr. Sergeant ATCHERLEY—Now the case is over, my
Lord, I will just read from the defendant's plea a note of
hand, signed by the proprietor of Fendall's coffee house,
agreeing to take Lord Lan ford's bill at three months for
the amount of the bill.

Mr RICHARDS (who had been for the plaintiff)—Why
did you not prove that at the trial?
Mr. Sergeant ATCHERLEY—Because your witness, who
had the document, ‘• bolted" with it out of Court.—( Loud
laughter. )

LLOYDS' SHIPPING-('PHIS DAY.)

DEAL, MAT 22. —Wind, N. N. E. Arrived, the
Elizabeth, Read, from B trbadoes ; Abano, Trieste
Principe Euditario, Ditto; Deruit, APLcan, Barcelona.
Arrived from the river, and sailed, the Lady Clarke, Law-
rence, for Jamaica ; Tino, Richardson, Charleston ;
Emma, Burgess, Quebec.
PORTSMOUTH, MAY 22.—Wind, N. E.—Arrived, the
Westminster, Moore, from New York ; Aurora, Wilkin,
Memel. Sailed, the Shepheod, Jardine, for Swan River.
PLYMOUTH, MAY 22.—Wind, N.—Arrived, the Nauti-
lus, Lee, from Sierra Leone ; Rapid, Barret, Taragona ;
Reform, Soper, Barbary. Sailed, the Recovery, John-
' son, for South Australia; Ratcliffe, Honey, St. Andrew's,
New Brunswick.

FALMOUTH, MAY 21.—Wind, N.N.E.—Arrived, the
Mary Halket, Sinclair, from Odessa ; Britannia, Francis,
Leghorn, with loss of bulwarks and se,ils split; Allison,
Hunter, Marseilles; Rover, Duckels, Lisbon. Off port
—Thomas, Scallay, Odessa; Carolina, Trieste.
LIVERPOOL, MAY 22. —W ind, N. N. E., fresh.—Arrived
the Dapper, Nimrod, and Denv‘rara, Manning, from
Charleston ; Symmetry, Anderson, St. Michael's ; Falcon,
Thorns, Smyrna; Monarch, Douglas. Leghorn; Victory,
Jarvis, Tarragona ; Adriana, Ball, Lisbon. Sailed, Dido,
Holmes, Africa ; George Canning, Harvey. New Orleans ;
Breeze, Tozer, Wangeral ; Seanderberg, Lisbon ; Nova
Amizide, Miller, ditto. Off port—Chilton, Maranham ;
Isabel, Antigua; Chesbire, ifirbadoes.

THE MAR KITS.-(THIS DAY.)
HAY MARKETS. .

Supplies moderate, demand good, prices much as before.
Hay, 70s. to 925., Ws., and 98s. ; Clover, 80s. to 100 s. and
11623. ; Straw, 375. to 445. per load.
HUNGERFORD MARKET.

Supplies good, ;nd trade brisk. Turbot, 4s. 6d. to 20s. ;
Cod, Is. Gd. to Bs. ; Soles, 10d. to 3s. 6d. per pair; Salmon.
Is. 6d. to 2s. 6d. per lb. Beef, 7d. to Bd. ; Mutton, 70.
to Bid. ; Veal, Sd. to 9d. ; Pork. 76d. to 80.
BI L L IN G S MARKET.
Supplies good, demand lively, and prices firm. Turbot, 5s
to 21s. ; Cod, Is. 6d. to Bs. ; Soles, 9d. to 3s. 6d. per pair
Lobsters, 10(1. to 3s. Gd. ; Salmon, ls. 3d. to 2s. per lb.
Whitings, sd. to 10d.; Haddocks, Bd. to Is. 2d.

GRAND REVIEW IN HYDE PARK TO-NlOR-
now.—Yesterdav orders were issued from Lord Hill's (the
Commander-in-Chief) office to the Generals of the House-
hold cavalry and infantry, for a review to take place in
Hyde Park to-morrow, at eleven o'clock, before his Impe-
rial Highness the Grand Duke Alexander and his Royal
Highness Prince William of the Netherlands, the Duke of
Wellington, Lord Hill, and a numerous suite of foreign and
British officers. It is stated that her Majesty will also be
present. The troops under orders for exercise Are—the Ist
ai:d 2d Regiments of Life Guards, Oxford Blues (from
Windsor), 14th Light Dragoons, four brigades of Artillery
(from Woolwich), aid the whole of the battalions of
Household Infantry.

i

) /TO r ito.•

litELAND.

DUBLIN, MAY 21.
, I Mr. O'CONNELL.—The Hon. and Learned Gentleman
• arrived in town on Sunday.
ADDRESS TO THE QUEEN.
A numerous and respectable meeting of the
.hlhabitants of St. Paul's parish, assembled yester-
(Pity, in the open air, near the New Chapel, ,Arran_
tir say, for the purpose of addressing her MajesSy on
::tit e manner in which she repelled the insulting demeur!s
of the Tory party. Mr. O'Connell on his entrance %vas I
loudly cheered by the meeting. Mr. Henry Grattan was I
alst ) present, and was received with cheers.
3 cue-leer. THUNDER, Esq., was called to the Chair, and
Ak. BRENNAN was appointed to act as Secretary,
j r. li GRATTAN, in proposing the adoption of the Ad-
dress,. dwelt on the subject which had occasioned the
meetie,,, with his wonted zeal and eloquence.
' He coneskaled his speech in the following. words : i
" Wily," eai.2 Mr. Grattan, "if the demands of
Peel and the Totiea were granted, the Queen of England- I
would be a state preloner in ieer palace.--( Ileer, bear.) I
I believe you know wieci thte King of Hanover is, and that
he is the next heir to aie throne.--(Groans.) Aristotle
has spoken of that great and silcut invention by which his
friend's life—Alexander's life--was' taktin away by no ap-
parent system of disease, end I do not think .be Queen's
life would be safe in their hands.—(Hear, hese%) There are
impressions abroad concerning that inthsidual (thy King
of Hanover) that justifies us in suspecting- hilt of `very-
thing bad and desperate. —( Hear.) I say again, ass an Ineueet
man, I don't think that the Queen would be epe`v in :err
place if she were surrounded by, the minions of the King iaf
Hanover, the next heir to the throne. We should support her,
for she has come forward nobly, and said she would rsitheF
resign her throne than her friends.—( Cheers.) We have
everything to fear if the Tories come into power. We
i despise Tory threats and enmity, for we have the beam of •
'.• honest men, aye, and the hands also. I have had letters
from various parts of the country, from Cavan, Meath,
Wicklow; the people are up and stirring, and if the To-
' ries rotate the Irish wolf-dog, they will find him a match
for the British lion."—( Great cheeting.) •
Mr. O'CONNELL then presented himself, and was re.
ceived with tremendous cheering, which lasted for several
minutes. He addressed the meeting in a speech, the re.
-port of which occupies several columns. The exeraordi-
' nary pressure on our space to-day leaves us roots for
• -the following extract only :—" I regret that that vvNich:
,bould have been done for Ireland has not been done, Ire,
, land, to be sure, may submit to privations ; but I tell yea
that it is only when she gets something for these privations,
i :and I can further state to you, that I am determined not to
wait long for that.—( Hear, and general cheering.) My
' c ountrymen—you will, I know, give me credit when I as-
:sure that I speak to you in the fullest sincerity of my heart.
--(Renewed cheering.) What would be the consequences
if the aange party were once more to get into power at
the other side. The Orange faction would, in such an
.event, again inundate this country, and trample upon the
:most sacred rights and liberties of our nation.—( Healey
I have shown to you the danger that would result to Eng-
land
from the vile faction again assuming the direction of '
public affairs. I conclude, my fellow countrymen, by re-
peating my call to you from this place, to join with me
and the Precursors, that we may thereby either secure the
lull measure of Reform, or end it with repeal."—(lmmense4
cheering and waving of hats, which continued for some
minutee.) .

It was then moved that both th.,:eity and county Mem-
bers, and Mr. Henry Grattan, M.P., and other gentlemen,
should wait upon the Marquis of Normanby with the
address, the same to be presented by him to her Majesty
the Queen.

The motion was passed by acclamation.
Mr. Francis Morgan was then called to the Chair, thank s
returned to Mr. Thunder, and the meeting separated witl►
three cheers for the Queen, and three cheers for O'Connell
and old Ireland.

THE Crites' BARON.—We are authorised to state that
there is no truth in the Tory rumour that the Chief Baron•.
is going to retire or to exchange.—Dublin Evening Post.
GREAT AGGREGATE MEETING..--The meeting to address
her Majesty on Thursday next will be (me of the most im-
pclea.it demonstrations that has yet occurred in the event-
ful history of this country. It will show the feeling of
this great metropolis upon late events, of vast and para-
mount importance, and prove to the world that the heart
i of Ireland throbs with gratitude and thanks for her exer-
cise of the Royal prerogative in favour of the suffering
and oppressed. It will show the enemies of social freedom
that we are still united, and more determined than ever to
oppose them ; nay, even to peril our lives, if need be, in
resisting those gross aggressions against the person of her
Majesty, which have so long been directed against the
liberty of her subjects.
ACCIDENT ON A RAILWAY.—We regret to say that an
accident, which we fear will have a fatal result, occurred
last night on the railway at the station-house in Kings.
town. The crowds returning from the gardens were so
great that persons eager to obtain seats pushed each other
violently in order to get into the train which was about to
start at ten o'clock, and in the midst of the confusion a
woman was knocked down and fell under the wheels of the
carriages, which were still in motion, the train being then
only coming to the place. The poor woman was taken
up, we hear, severely bruised, and it was the opinion of
those who saw her that her life was in danger.—Freeman's
Journal._{We have heard the accident has proved fatal.]

GENERAL ASSEIVIBLY OF TRE

CHURCH OF SCOTLAND.

AUCHTERARDER CASE.

We stated in a former number that two notices of
motion had been given on this question—one by. Dr.
Cook, the loader of the Church-and State party ; and
the other by Dr. ell:ill:lens, the Professor of Divinity at
Edinburgh, tilo leader o a sort of nondescript party.
The substance of their motions, however- are substan-
tially the same. Dr. Cook's motion is to the fiallo,itig
effect That the Act of Assembly, mulled 'the Veto
Act, havizig been declared by the Supreme Courts to
it,tlinge on rights with which the Oturrili has avower:
i,s detirc not to intermeddle, as being maters ineompe-
tcot to them, it be an instruction by the General As-
sembly to ail Proihyteries, that they proutted henceforth
to the settlement of parishes, according :to the practice
which prevailed previously to the passing of the Act."
Dr.Chnhuers motion is: "That the Gemeral Assembly
considered the judgment of the House of Lords, afErn:
in{; the decision of the Court of Session, and being sa.
tisfied that by the said judgment all questions of civil
right, so tar as the Presbytery of Auchterarder is con-
cerned, are substantially decided, do now, in accord
once with the uniform practice of this Church, and with
the resolution of last General Assembly, ever to give
and inculcate implicit obedience to the decisions of Civil
Courts, in regard to the civil rights and emoluments
secured by law to the Church, instruct the said Presby-
tery to offer no farther resistance to the claims of Mr.
Young, or the patron, to the emoluments of the bene•
flee of Auchterarder, and to refrain from claiming the
jus devolutum, or any other civil right or privilege con-
nected with the said benefice.

" And whereas the principle of non:intru,sion..i3 one

.
coeval with the Reformed Kirk of Scotland, and forms
an integral part of its constitution, embodied in its
standards, and declared in various Acts of Assembly,
the General Assembly resolve that this principle can-
not be abandoned, and that no presentee shall be forcA
upon any parish contrary to the will of the congregation.
And whereas by the decision above referred to it ap.
pears that when this principle is carried into effect in
any parish, the legal provision for the sustentation of the
ministry in that parish may he thereby suspended, the
General Assembly being deeply impressed with the
unhappy consequences which must arise from any colli-
sion between the civil and ecclesiastical authorities, and
holding it to be their duty to use every means in their
power, not involving any dereliction of the principles
rind fundamental laws of their constitution, to prevent
such unfortunate results, do therefore appoint a Com.
mittee for the purpose of considering in ,ihat way the
privileges of the National Establishment, and the har-
mony between Church and State may remain
paired, with instructions to confer with th. Government
of the country if they shall see cause."
As no other motion has been proposed it may be
taken for granted that the General Assembly will ac-
quiesce in the decision of the Supreme Courts. The
discussion was to commence on Wednesday. We shall
,rive an abstract of the debate at the earliest oppor-
tunity.

BRUMMILS, MAY 21.—Duke Alexander, of
Wurtrnburg (widower of the late Princess Marv), ar-
rived at the Palace of Laeken on Saturday. The Prince
of Hasse Cassel, the new Governor of Luxemburg, ar-
rived in that fortress on the 17th. The Crown Prince of
Prussia is expected there on the 24th and will leave it on
the following day. The Prince do Chirnay arrived hero
yesterday, and will set out for London to-morrow.
A detachment of 33 rank and file of the first
battalion of Coldstream Guards, now king at tlx Welling-
Inn Barracks, left barracks this day for Canwir, to fill up
the vscancirs that have taken place in the 2d battalion since
its sojourn in that colony. Colonel Hay and other officers
go out with the detachment.
Yesterday morning two companies of the Royal
Artillery landed at the Royal Arsenal, Woolwich, One
company commanded by Captain and Brevet-Major G.rdon,
of the first battalion, and the following officers:—Second
Captain Laurence, Licuts. St. George and Irving, and
Second Lieutenant Ratcliffe: their last station was Bar-
hadoes. The other company, commanded by M:jor Sa-
bine, of the sixth battalion, Second Captain Harrison, with
Lieuts. Riddle and Elliott: their last station was Jamaica.
During the voyage they lost eleven men from sickness,
and one bombardier met with a most serious accident lay
falling down the hatchway, which probably will render him
unfit for duty for several months.
NATIONAL LOAN FUND LIPE ASSURANCE
AND DEFERRED ANNUITY SOCIZTY.—( From the Dumfries
Courier.)—This philanthropic scheme of deferred an-
nuities is calculated more than any other we know to meet
the circumstances of the poorer and middling classes of the
community, and shows what important results may
ID y de.
rived from the investment of even the sri allest •
Op
savings ; and surely whatever tends to make the operative
that his prosperity is in his own power, and that hor a
nwgeraatltuhlatT'end
ensuring independence, must be
constitution
girnl
tialitetture:L
juio: n
within his reach the means of accumulaotfinego.
novifnll3.enefit to
remedyinieal
ef,reacsrsi,t
innTesrtebnet to every ethveer It is to
So-
cieties, thet the National Loan Fund
Deferred Annuitioa on a
So-
ciety proposes to submit a plan of e Assurance
new principle, which will not only afford a mere ample
provision for ald age,
end p,
rto.teeent.ion against sickness and
rni4ertune, but, in addition
tiny, his energies in motion, andh in the
at all toifmerseomfapruure
death, a better protection to his family.. P