The Sun.
London, England, 1837-07-03 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, AL r 1.
NEWDIGATE V. NEWDIGATE.
A suit had some time since been instituted to ascertain
whether Mr. Newdigate was authorised to cut down cer-
tain ornamental trees upon an estate left to him by his fa-
ther during his life, without impeachment of waste, " ex-
cept as to the timber growing on the lands adjoining to the
capital messuage." The defendant was decreed to pay the
profits received from the sale of such timber as had been
cut down, and the costs to be paid as between solicitor and
client. An application was now made for the payment of
interest upon the proceeds of the timber from the time of
its being cut down until the payment of the money into
Court ; and also for the costs which had arisen since the
suit, and which it was stated had been caused entirely by
the defendant, in furnishing an account most intricately
framed, 2nd the consequent difficulty of separating the
timber which had been properly, from that which had been
improperly, felled.
The VICE-CHANCELLOR, in giving judgment, said that
the original decree must be strictly adhered to. His Ho-
nour directed that the costs of all parties should be paid
out of the fund in Court as between solicitor and client,
and that the defendant should pay over the balance, amount-
ing to 86/., of what was originally decreed to pay.

COURT OF QUEEN'S BENCH, JuLY 1.
HORNE AND OTHERS V. CORY. _ .

This was an action to recover a sum of money claimed at
expenses occasioned by demurrage. The declaration stated
that the plaintiffs had sold a cargo of coals to the defend-
ant, who had undertaken to use due diligence in unloading
the same ; that due diligence bad not been used, whereby
the plaintiffs had been forced to expend certain money!, &c.
It appeared that when the plaintiffs' vessel arrived in the
River notice was given to the defendant ; that the plaintiffs
provided, according to custom, a number of whippers to get
up the cargo ; that tl►e defendant did not send lighters
alongside, and that three baulk days occurred. These
baulk days are so named on account of the whippers on
-board the vessel being ready to get up the cargo, but being
prevented from doing so, in consequence of there being no
lighters alongside, so that they are baulked in their work.
During the time they remain on board the shipowners arc
compelled to pay them at the rate of ss. Id. per day, and
a gang generally consists of nine men who will unship 49
tons a day. The charge of the plaintiff; was for the pay
of the gang of whippers for the baulk days, and also for
demurrage for the loss of time occasioned by the defendant
not providing in a proper manner for the unloading of the
cargo.

Several witnesses were callt(1 for the plaintifT3 to make
out their claim.

The Jury found a verdict fur the plaiutiffm—Datnages
21/., finding in favour of both claims.

COURT OF COMMON PLEAS, JULY 1.
LACY V. OSBALDISTON.

This was an action brought by the plaintiff against the
defendant for the recovery of a sum of 1001., and also for
non-performance of an agreement.
Mr. Sergeant WILDE appeared for the plaintiff, and Mr.
PLATT for the defendant.

Mr. Charles Rowcroft, examined by Mr. Sergeant 'FAL-
FOURD—Ip the Spring of last year witness was Secretary
to the Lon-dOn Conservative Association. It was proposed
by him, and agreed to by the Association, that a dinner
should take place at Covent Garden Theatre. Witness
spoke to Mr. Lacy on the subject, and subsequently saw
Mr. Osbaldiston, the lessee of the theatre. It was ulti-
mately agreed that the Association should have the use of
the theatre-for two nights prior to the 13th of April, on
which day the dinner took place • and during the progress
of the arrangements Mr. Lacy liad afforded every facility,
and was extremely active in forwarding the views of the
Association, in consequence of which, witness was ex-
tremely anxious to show him some mark of respect as an
acknowledgment for his services. 'Witness proposed that
perhaps, he might be of service to him in the event of his
taking a benefit, and stated so in the presence of Mr.
Osbaldiston, when Mr. Lacy declared the he would avail
himself of witness's services, and that he did intend taking
a benefit.

Mr. Sergeant TALFOURD—You did not look in at the
Reform dinner at Drury-lane ? Witness---ph, dear no.--
(Laughter.)
Mr. PLATT—If you had you would, no doubt, have had
the pleasure of seeing my Learned Friend, Mr. Sergeant
Talfourd, there.—( Renewed laughter.)
Mr. A. Bunn, examined by Mr. Sergeant WlLDE—Wit-
ness was lessee and manager of Drury-lane Theatre, and
had been connected with theatres for about twenty years.
The course pursued during witnesses experience was, that
the acting manager should have a benefit, and that three
weeks' notice of all benefits should be given in the treaory-
Cross-examined by Mr. PLATT—The acting manager
represents the proprietor in his absence.
Mr. S. Price examined by Mr. Sergeant TALFOURD—
Witness had been lessee of Drury-Line Theatre, and had
been for thirty years connected with theatres. It was the
duty of the lessee to appoint the time when the benefits
were to take place. Formerly 200 guineas was the sum
paid by the party taking the benefit.
Mr. C. Kemble, examined by Mr. Sergeant WILDE—
Witness had been for many years proprietor of Covent-
garden theatre ; 2001. or 200 guineas was the usual charge

for a benefit before the reduction of prices, and that he had
paid, and therefore considered 1501. a reasonable sum under
the reduced prices ; the acting manager invariably took a
benefit ; his benefit usually took place immediately before
Passion Week, and it was so arranged because the public
were generally anxious to witness a feast of this description
before the fast.—( A laugh.)
Mr. James Sheridan Knowles, examined by Mr. Sergeant
TALFOURD—Was engaged at Covent-Garden Theatre in
1836. Mr. Lacy was the acting manager. Witness took
a benefit, and divided the profits with Mr. Osbaldiston,
after a certain sum. The gross receipts of a good benefit
would, I conceive, be about 4001.
Cross-examined by Mr. PLATT—The gross receipts of
my benefit did not exceed 2601.
Mr. H. Robertson, examined by Mr. PLATT—Witness
was treasurer of Covent-Garden Theatre, and had been so
from 1822 to the present time. From 1835 to 1836 Mr.
Osbaldiston was the lessee of that theatre. Witness should
consider that during that time the theatre was a losing con-
cern. The first season closed in in June 1836, and the ex-
cess of expenditure over the receipts was 1,767/. 6s. 3d.
From the opening of the theatre on the following
12th of September to the sth of October, the loss
was 553/. 15s. 5d., exclusive of tradesmen's bills, the
amount of which be did not know. From the time
Mr. Osbaldiston came to the theatre, the prices of ad-
mission were reduced, and the expenses of the theatre were
also reduced, although not in the same proportion. The
lowest sum given for a benefit was 1401., but that sum va-
ried from 140/. to 1601. It was usual that the acting
manager should have the privilege of a private box and
writing orders, but these privileges were conceded as a
matter of courtesy, and not as a matter of right. Wit-
ness had observed Mr. Lacy's conduct as stage-manager,
and thought that it did not tend to the advantage of the
theatre. Some dispute took place between Mr. Lacy and
Mr. Osbaldiston, respecting the production of the opera
of F, a Diavolo at Mr. Brahain's theatre. Mr. Osbaldis-
ton had purchased the right of acting that piece at Co-
vent-garden, and therefore considered that Mr. Lacy had
acted unhandsomely in allowing it to be performed at the
St. James's Theatre. Ater that disagreement Mr. Lacy
acted with great indifference towards the interests of the
theatre, but he could not recal the instances, with one
exception, and that was in the case of a piece called Zampa,
in which Miss Romer played. On that occasion, as Miss
Romer left the stage, Mr. Lacy observed to her,' " I won-
der how you could think of singing such rubbish."
The Jury returned a verdict generally for the defendant.

COURT OF EXCHEQUER, JULY 1.

ALEXANDER V. GENERAL STEAM NAVIGATION COMPANY.

• This was an action brought by the plaintiff, the owner of
a brig called the George, to recover from the defendants,
the directors of the General Steam Navigation Company,
compensation for damage done to the plaintiff's vessel by
one of the Company's steamers, the Belfast.
The case for the plaintiff was that on the 16th of January
the brig George, of Hull, laden with corn, was coming up
the river, with a small boat before them. When opposite
Execution Dock, and on the north side of the middle pool,
the Belfast Rotterdam steamer was coming down, having
in tow an America' packet, the Ontario. Without hailing,
or giving any notice to the persons on board the brig, the
steamer struck her across the larboard bow, forcing her on
a few yards until she sunk. The entire of the cargo be-
came spoiled in consequence.
The Jury found for the plaintiff; the amount of damage
to be settled out of Court.

POLICE INTELLIGENCE.

MANSION-HO USE.

Some days ago the Lord Mayor sent a summons, at the
request of the Solicitor to the Customs, to a French smug-
gler to appear at the Mansion-house, to answer the com-
plaint of revenue officers, who had seized a quantity of silk
handkerchiefs, of foreign manufacture, on which duty had
not been paid. The Frenchman was not at his lodgings,
but the summons was left with the mistress of the house,
who said that her lodger should receive it as soon as pos-
sible. The Lord Mayor, just as he was sitting down to
dinner on Friday, received a letter, dated from Boulogne,
and subscribed with the Frenchman's initials, apologising for
his inability to attend to the invitation, and it was some time
before his Lordship called to mind the sort of invitation
which had given rise to the apology, which ran thus :
"My Lord,—lt gives me infinite pain that I cannot, at
the present moment, avail myself of the very warm and
hospitable invitation which your Lordship has been pleased
to give me to the Mansion-house, especially as there are
sonic gentlemen of that very useful and ornamental institu-
tion, the Custom-house, to be of the party. Will your Lord-
ship do me the honour to specify my regret to all inquiring
friends who may wait upon you on the occasion ? I haye
the honour to be, with the fullest respect, your Lordship's
most obedient humble servant, J. R."
The LORD MAYOR really for some time supposed that
the note was an excuse for not coming to dinner, and he
thought it fit to state that he should be happy to see the
writer when he should find it convenient to call, any day
(Sunday excepted) between twelve and three. The pe-
nalties to which the invited party had subjected himself
amounted to about one hundred pounds.
Au old Irishman, named fames Flynn, who said that he
had'nt been long on this side of the city of Cork, was
charged with having stolen a cup and saucer, the property
of the keeper of a coffee-shop.
The proprietor of the coffee-shop stated that Mr. Flynn
had been often at his house, the consequence of which lie
had reason to believe was, that several cups and saucers
had disappeared. As he was a steady sort of person, who
spoke with great contempt of the high episcopal au-
thorities, for practising against their preaching, nobody
supposed that he would plumply violate a command-
ment. A cup and saucer having been missed, how-
ever, the moment be took his departure one day, the
waiter followed, and asked him to be. so good as to walk
back. " Certainly," said he, " I was just going to do that
thing, as I made a mistake," Upon returning to the
house he pulled the cup and saucer out of his pocket, and
laid them on the table, saying, " •What a stupid bosthoon
I was to think I was at home all this while." " Aye, but,"
said the master, " you have made a dozzn mistakes of the
same kind here, and ;•ou must go before the Lc.rd Mayor, as
lam sure you are noth'ing but a robber." " Sir," said Mr.
Flynn, " you keep a carets-shop, get over that if you eao."
After some general remarks upon the mean, dastardly, sus-
pecting nature of the character of the low English, the pri-
soner condescended to be locked up in the Compter.
The LORD MAYOR—You say he has often visited your
house? Complainant—Several times, my Lord, and the
moment he went, off walked a cup and saucer.
The Loan MAYOR—WeII, Mr. Flynn, what have you
to ray to the charge? Prisoner—My Lord, I import pigs
from Ireland, and I • met one of my customers, and after
taking a little whisky together, I went into this poor man's
house to wash it off with a cup of what he called tea, think-
ing that it would make me throw the liquor off my stomach.
Well, I found that it hadn't its usual effect, an emetic, upon
me, but quite the reverse, so I put the tea-things in my poc-
ket, I was in such a bother.
The LORD MAYOR committed him to I3ridewell for three
months.
THE LATE KING'S FUNERAL.—IO consequence of the
numerous applications made to the Lord Mayor by his fel-
low-citizens, on the necessity of applying to the Govern-
ment to change the day of his late Majesty's funeral from
Saturday to some other day of the week, his Lordship
wrote to Lord John Russell on the subject on Friday last.
The following answer was returned to his Lordship on Sa-
turday :

" Whitehall, Ist of July, 1837.
"My LOAD--I have the honour to acknowledge the re-
ceipt of your Lordship's setter of this day, which I have
communicated to Lord Melboun::':
and I regret to have to
inform your Lordship that the date of
his late Majesty's
funeral cannot now be altered.
" I have the honour to be,
" Your Lordship's obedient humble servant,
" J. RUSSELL."

BOMSTREET.
FORGERIES ON TILE POLISH BANK.—BC7tjt/Min Yorton,
the guard of the Banbury and Birmingham mail, and Na-
thaniel Hale, an engraver, were charged with having been
found in possession of near 4,000 forged notes, purporting
to be cash notes of the Bank of Poland, of the value of
five florin: or guilders each.
After hearing evidence, Sir F. RoE said the case was
complete so far as it was necessary to prove it before him,
and the prisoners must be committed for trial at the next
"Itral Criminal Court Sessions, which will commence this
day ( Mon.:I.?).

• --- •
There have been in : c course of the last week a
..
singular number of fashionable Manners at Greenwich. On
Thursday the Chesterfields and party dined there, returning,
however, in time for the opera. On Fricit:" Lady Es.wi had
a party, Lord Sefton another, and LadyjCaoline Masse a
third; and on Saturday Mr. and Mrs. Brinsley Sheri.lan.
The amusements appear to be divided as follows :—a visit to
the interior the Hospital, a walk in the Park, and a whito-
bait dinner. -,04.

It may be in the recollection of many of our reade tb I
in our last report (for May) we suggested the ulquir:
whether it were possible that, after a season of cold w:athe,
unusually protracted, the wheat could be in ear, by t:
close of old May. It was on or about the 28th day
May, that we penned the question, when the growing crop
in all the verdure of health, presenting a lovely green ca:
pet to the eye, were still so dwarf in stature, as to leave
degree of doubt on the mind, whether the period of harvo
must not, of necessity, be rather late.
Being perfectly aware of the astonishing progress whicl
nature can, and does, make in high northern latitudes, i
did not appear impossible that warm rains and getli.
nights, might effect a great and important ch.mge
and the existing prognostics were then very promising
In fact, the wind settled in the south, the temperatur,
improved, gentle showers fell in sufficient abundance
and, under these favourable auspices, the wheat plant whiel
we noticed to be about eight iischcs high on the 23d 0(
May, grew with vast rapidity. Our hopes would have
been realised, and the fortnight which intervened bctweei
the 28th and the 12th of June, would have effected all tha:
we anticipated, had not the 7th and Bth days of Jun(
become extremely cold, with a sharp wind from the north-
east. Notwithstanding this cause of retardation, we sae
fields in the highest condition, in perfect ear, on the 18tI,
day. It is'stated that wagers were laid to a considerable
amount, and these had produced undeniable proofs of the
stimulating powers of heat and moisture—some specimen:
of wheat in ear having been collected and exhibited before
the entire expiration of old May—i. e. by the 11th or 12th
of June. Subsequently the weather has been all that the
most sanguine could expect. Rains have fallen very sea
sonably ; the sun has had great power ; the day tempera-
ture has ranged between 66 and 78 degrees, and that of
the night has generally exceeded 52 degrees.
All nature now "sings for joy"—and though a North-
amptonshire correspondent writes of the very late condition
of the crops, and that the fields, verdint as they are, pre-
sent but a picture of the ordinary concomitants of a fin(
April, still we are certain that the last ten days must ha% (
operated, even in that locality, a change which our frien(
could not have anticipated. Hertford,hire presents u,
with a fair standard of the:state of agricultural progress—
and we extract a few lines from a letter now before us :
" The report is very favourable—grass is Cutting, and ;
good bottom has been induced by the late r (ins, whiel
before was not expected. Grain crops are looking ver,
well. Stock, which has been hitherto high priced, is fall-
ing—the green crops (tares, clover, trifolium, (Sze.), arc pro.
mising ; apples plentiful, pears the same."
We may add, that the leguminous plants—peas am
beans—are superior ; the plants firm, strong, and green.
Farmers even (and when they admit, who else can do other-
wise than exult ?)—farmers say they rarely have seen
these vegetables so fine, and if a good and early harvest of
grain supervene, prices must give way. We again, for th.
hundredth time, repeat and urge the immense important(
of increased production. Be it the governing principle 0,
every good /tad wise cultivator, to render bulk the compen-
sator, for that best of blessings to a community—a cheat
price of all the necessaries of life.
We foresee, under Providence, a new era of gloriou,
promise ; may " the early and latter rains," with tb,
bright solar beam in due alterations " fill our barns witl
plenty, and crown the labour of the husbandman will
abundant success."

HORTICULTURAL NOTICES

FOR JULY.

How beautiful do the gardens appear—what A display. o' ~
verdure ar.d of bloom !—we enjoy all the pleasure arising
from strong contrast, and all has been the work of a fei,
short weeks. This is the second season when we have te
notice the extraordinary beauty of the early rose trees— i
the Chinese (Rosa Indica) particularly. Every thing i-
...
I
clean, and in this respect the season accords with that o, .1,
1836. The coincidence induces us to call the attentio:, z,;
of naturalists, and of all who are interested in the economy
and habits of the honey-bee, to one material fact, whici ifl
we mention with great caution, and more as a subjet.'
of inquiry than of assertion. It is generally ad ,
mated that honey was scarce in the year 1836 ; tha' :]
notwithstandino. the brilliancy of the early sumniet
..._
the bees laid' up very little store. It is added 1,3 s
some that the total absence of honey dew was one grea,..z
cause of the deficiency of honey. Most persons imagin r
that bees feed solely upon the nectar of flowers, but tiler ,_;
are some who think that honey-dew forms a large part 0
tli:: productive aliment of bees. The bloom of app:e an. i,
re ir trees has been extremely profuse, and flowers in gene ..
ral are finely developed ; the lime tree is absolutely be
~I
sieged in the month of July, and white clover is almos •
equally attractive ; still, if honeydew be essential, we fez...
that the combs will again be weakly stored. Water is a' ~
indispensable for the production of good wax, and the
sprint, of 1836 was peculiarly arid ; that of the present yea, • .
has been comparatively well supplied with water ; but th
bees again seek it in situations, where they drown and pc; isi
from utter inability to effect a retreat. The apiary is al
adjunct• to a good garden; these hints, therefore, may no.
be out of place.
1

In the Kitchen Garden the work will consist. in keeping '.l
down weeds, in hoeing, and earthing up crops of peas
beans, kidney-beans, &c. A small sowing of each of tiles, :''.
may be made, with the chances of late crops. Brocoli plant:
and celery should be set out in richly manured trenches ; thes,
should be deeply worked, and enriched with leafy compost, bo,
they need not be far below the surface level. In planting then
the holes should be filled with water before the vegetable is in ,t 1
serted, and the earth then broken fine ; thus the fibrous r: o
will be fixed, or " puddled in," and if the plants be covere,
during brilliant sunshine, and watered once or twice aftc: •
sun-sct, there will, in the dryest season, Le little danger c! ..:
failure. Trench-planting affords the greatest security in ial.
dry seasons, and we practise it with early potatoes, brocoli. -.•
kidney-beans, tobacco-plants, &c., with undeviating success •
Some winter spinach, endive, carrots, and cabbage-seed fo ',l
coleworts—and again at the ehd of the month—for spring. 4:
hearting-cabbages may be sown : turnip-seed also, for a ful:
supply.
In the Fruit department, great care must be taken t,
keep wall-trees in regular and neat order : the ,spur-bearin; 1:.:
trees will now be ready—not for pruning-in, as commonl% k
practised, but for the operation which we alluded to in on:"
last month's notice. The main branches of dwarf aril
espalier trees will be furnished with natural short spurs, am:11
with abundance of wood-shoots, which ought to be con-
verted into spurs. These, if cut Lack too early, will throw
out numbers of useless shoots, but if each be cautiousl' ',
bent down till it snap about midlength, the flow of the as-
cending
sap will be checked, but not entirely diverted to tin ',
lower buds or embryos. The broken shoots, therefor(
should not be detached, but left suspetwiLd. As the scaso: !,!
advances, the sap will be more and more retarded, loi t
enough will flow to give bulk to the lowest buds ; and i: !
autumn the fractured shoots should be cut back to the then.
, risible fruitful buds. The operation is one of tcmporar
deter; mitt', but it terminates in comparative symmetry.
No t, re supports the rigour of training and the wound.
by the knife or fracture, so well as the vine : all fruit-bear
ins shoots shouiJ, therefore, be trained in order, kept open t
and free from useless, wild wood ; but we think that ever:
vine on the open wall ought to be entirely re-supplied eat.)
year with new, bearing branches from the bottom of th,
tree, so as to get rid entirely of the spur-pruning system -!:
the clusters are thereby rendered larger, and the berrii
swell to a great size. 1

GARDENING OPERATIONS FOR

THE WEEK.

(From the Gardener's Gazette.)

Plant Winter Cabbages and Savoys fora full crop.
Plant J3rocoli alio for a full crop, two feet apart ever
way is not too much. For fine sorts, such as tall larg,
headed purple, the Cauliflower or Spring white, and th,
large cream colour, may be three feet apart—wait in a•
planting for a shower of rain, for if you wait a fortnight for
it, the plants will be better than if put out in hot dry
ground,—if you will not wait for showers, you may in smal
gardens water the whole ground before you plant. Sow
Seed for a Spring Crop, at latest, within the first fortnight
ENDIVE, plant out ; also so seed, the green curled soft
pr the Batavian.
KipNEY BEANS, plant still for late crops within the firs
week.
CAur.rnovrTßa, plant out the late crop.

CARROTS, sow IS MI for Autumn young Carrots.
CELERY, plant out in trenches as before ; earth up, that
wiiL'h is grown enough, bretldng well with the spade, allo
the lump of earth.
TURNIPS, sow for autumn use.
Tuurs are now getting ripe ;as soon as the greenc
leaves turn brown an the sterns shrivel, you may take up'-:
the bulbs. r,
AuarcuLus.—Destroy slugs ; take off dead leaves ;
amine the drainage ; see they arc never very dry nor very;.
wet.
CARNATIONS, continue to tie up ; water plentifully, ant:
look after the earwigs and other vermin.
PINKS and HEARTSEASE should be freely watered.
ROSES should be budded without loss of time.
It would be well to examine former direct:ons, and s e
j that nothing is left undone.

-
An old woman of the name of Wright, an inmatei
of Anderson's institution, died very suddenly on the aftcrnooi ;
or Sabbath last, in consequence of a piece of meat, which shri
W 45 endeavouring to swallow, having stuck hi her throat, an; I
chocked her. Medical aid was immediately procured, butt
every effort to restore animation was made in vain. Mrs
Wright was in her 85th year.—Elgin Courant.