The Sun.
London, England, 1862-01-13 00:00:00

SHERIFFS' COURT.

1862.

52,076
491.0 d to
—s Od
2,167
86,629

81,844
60s 9d

A AItITISII ADMIRAL IN COURT-CURIOUS AND IM.
PORTANT QUESTION-BURTON V. SMITH.

This was an action to recover some rent-charges, plaintiff,
a British Admiral, being an extensive landholder in Shore-
ham, and defendant bad been his tenant. The case had been
adjourned for plaintiff to amend his particulars, and Mr.
Green, for the Admiral, today read, " Money paid to the
Vicar of Shoreham at your request." The case was this—
Plaintiff had let to defendant two farms in Shoreham, and
defendant had paid for two years rent •charges in the shape
of tithes to the vicar's agent. Now, when defendant left
the farms, it was alleged he had not paid the tithes in ques•
tion, and it was further stated that, the vicar having put
in a distress, plaintiff was compelled to pay to get rid of it.
Mr. Green urged that, as plaintiff had paid the tithes
under compulsion, ho had a good cause of action against
defendant.

Mr. Buchanan insisted that plaintiff had no cause of
action against the defendant. If plaintiff chose to pay the
tithes he might do so, but the Act was plain that the only
remedy was by distress upon the land ; and, even in that
case, it was only the vicar who could distrain, the landlord
having no power over a debt not due to him.
Mr, Green contended that, if defendant took the farms
under an agreement to pay the tithes, then plaintiff would
have a good cause of action.

Defendant was sworn, and admitted that he had paid the
tithes to the vicar's agent on previous occasions, but he had
not paid those the subject of the present action. He never
agreed to pay tithes. There was no written agreement; it
was a verbal one.
Plaintiff— He did agree.

The Court was of opinion that the plaintiff could not
recover. If one than, having a great respect for another,
were to meet that other's landlord and pay his rent, surely
Mr. Green would not lay it down that he had a cause of
action for doing that which he was neither asked nor autho-
rised to do. The Act in this matter set out that the vicar
should distrain, but said nothing about a landlord having
a cause of action against his tenant.

Mr. Green urged the Court not to give a hasty judgment
in this matter. It was of the greatest importance to every
landholder throughout the kingdom. He (Mr. Green)
would satisfy the Court, upon an adjournment, that the
plaintiff had a right of action.

Mr. Buchanan—Remember that the facts are admitted.
We did not pay the tithes—you did; and we contend that
you have no right of action.

The Court adjourned the case upon payment of Mr.
Buchanan's costs, expressing an opinion that the plaintiff
could not recover.

POLICE INTELLIGENCE.—(77418 Day.)

MARLBOROUGH-STREET.

BASE INGRATITUDE.—John Callaghan, a boy, was
charged with stealing four bars of solder, the property of his
employer, Mr. Groombridge, Grosvenor-square, painter.
A son of the prosecutor said that on Saturday afternoon,
in consequence of 4 bars of solder being missed from a cup-
board in his father's office, and being found in a shed, he
placed himself so that he might see if any one took it
away. After being secreted for some time, the prisoner,
who was his father's errand boy, entered the shed, took up
the solder, and placed it in his blouse. Re then followed
the prisoner and gave him into custody.
A constable said at first the boy said he was employed by
a person to carry it, but afterwards said he took it from his
employers,

Mr. Groombridge, sen., said on Tuesday last he attended
at Guildhall to give the boy a character, ho being then
charged, with some others, in stealing some bacon. At thaot
time he believed the prisoner to be honest, and only a few
minutes before he stole the solder his (Mr. Groombridgo's)
daughter had been teaching him to write.

Mr. Tyrwhitt committed the boy for two months, with
hard labour.

THIS DAY'S SHIPPING.

LONDON, Jan. 13.—Wind this day at noon—Westerly ;
rather fresh, with fine weather.

(BY SUBMARINE AND MAGNETIC TELEGRAPH.)

GRAVESEND, Monday Morning.
Arrived, Jan. 12.—Crinoline, front Minititlan ; Anne,
from Hybeck ; Pitt, from Messina; MacDuff, from St.
Tincent ; Eliza Mary, from Montreal ; Adriatic, from New
York ; Ann and Isabel, from Lyeskele •' Lyourgus from
Messina; Lockett, from St. Francisco;
Ann, from Guer-
nsey ; Troseches, from Mauritius ; Montrose, from Belize ;
Preference, from Alexandria ' • Spectator, from Berbico •,
Star of Peace, from Calcutta; Hemisphere, Felicia and
Esmeralda, from New York; Brierly Hall, from Deme-
rara; Western Hill, from Messina; Premier, from Leg-
horn; Dublin Lass, Marys, and Speedwell, from Guern-
sey; Emma, from Alexandria; Savanna, from Ibrail ;
Galseed, and Zephyr, from Terceira ; Gipsey, from Lisbon ;
Carnatic, from Quebec ; Emily, from Caen ; Peter and
James, from Palermo ; Raymond, from St. Michael's ;
Susan Feares, and James Smith, from New Yolk ; Oasis,
from Philadelphia; Ottawa, from Quebec; Rean, from
Guernsey; Tomea, from Marseilles; Mamiline, from
Montreal.

Arrived, Jan. 13—Queen of the Isles, from Brussels.
DEAL, Monday Morning.
Passed—Avoca, screw steamer, for Malta ; Ranger,
screw steamer, fcr Bordeaux—both from London.
Anchored—Adler, for Cardiff; Brodertrow, for Leghorn
—both from London.
Sailed yesterday—All the homeward bound.

The Earl and Countess of Durham are expected
in town on WednesSay next from Lambton Castle, Durham.

Lord and Lady Willoughby de Ereaby come to
town to-morrow, from Torquay, for the season;
ENLARGEMENT OF THE LGNDON-BRIDGE RAIL-
WAY STATION.-The proposed alterationand enlargem -nt of
the London-bridge station of the Brighton and South Coast
Railway will extend over the south-western side and into
the Daridies of St. Thomas, St. Olave, and St. John,
Horselydown ; and in connection with this improvement,
there is to be a diversion of St. Thomas-street East, South-
wark, commencing near the point where Dean-street South
crosses St. Thomas-street, and terminating in Weston-
street by Maze-pond. A second diversion will commence
at the point where John-street joins Webb street, and
will terminate at a point where Snow's-fields connect with
Bermondsey-street. The Bricklayers' Arms Station is also
to be enlarged and improved on its north-eastern side,

THIRD EDITION.

SUN OFFICE, Seven o'clock.

NAVAL INTBLLIGENCE.

The following appointments were made at the Admi-
ralty this evening :
Commander James P. Thurburn to the Dauntless (addi-
tional) for service in the Coast-guard.
Paymaster Edward Howe, to be Paymaster in Chief.
Clerk—Frederick L. Dyer, to the Impregnable.

TATTBRSALLS'-(THIS EVENING).

TWO THOUSAND GUINEAS.
4to 1 agst Old Calabar (take 9 to 2)
11 to 1 agst Caterer (taken)
11 to 1 agst Alvediston (taken)
12 to 1 agst Athleta (taken)
100 to 8 agst Cellarius (taken)
20 to 1 agst Clarissa colt (taken)
20 to 1 agst Nottingham (taken)
25 to 1 agst Ellengowan (taken)
THE DERBY.
Bto 1 agst Buckstone (take 9to 1)
11 to 1 agst Old Calabar (taken)
13 to 1 agst Marquis (taken)
22 to 1 agst Caterer (taken)
25 to 1 agst Typee colt (taken)
30 to 1 agst Athleta (taken)
33 to 1 agst The Knave (taken)
40 to 1 agst Nottingham (taken)
1000 to 15 agst Master Fenton (taken)
1000 to 10 agst Maharajah (taken)
1000 to 10 agst Berkeley (taken)

SP OR PING INTF,LLIGENC E.

THE MANCHESTER MEETING.

Steward, Col. Burnaby; Judge and Handicapper, Mr. J
Swindells, jun. ; Clerk of the Course, Mr. S. Lambert.

SATURDAY.

These races were, as usual, appointed to take place on
the great Manchester Holiday, New Year's-day. The
severity of the weather, however, necessitated their post-
ponement until Saturday last, when they were decided be-
fore a large assemblage of spectators. The subjoined re-
turn requires no comment :

The Hurdle Race (Handicap) of 5 soya each, 1 ft, with 25
added; winners 71b extra, the second to save his stake.
About two miles. 24 subs.

Mr. R. Sly, jun.'s Yorkshire Miss, 6 yrs, lOst (Harding) 1
Mr. Coburn's North Lancashire, 5 yrs, 9st 51b (carried
9st 91b)
Mr. Wright's Nosegay, 6 yrs, lOst (W. White) 3
Mr. Draper's Gayla, aged, 9st (Hawkeswell) 4
Colonel Burnaby's First Flight, aged, 9st (Knott) 5
Mr. Wayman's lhe Miller, aged, 10A (l- Sly) 6
Mr. Barber's Physician, aged, 9st 51b (Smethurst) 0
Betting-7 to 2 agst Yorkshire Miss, 4to 1 agst The
Miller, 5 to 1 each agst First Flight and Physician, 6 to 1
agst Nosegay, 7 to 1 agst North Lancashire.
Won by a neck ; two lengths between second and third.
The Trial Handicap of 3 sovs each, I ft., with 20 added ;
second to save his stake; winners 51b extra. One mile

on the flat. 20 subs.
Capt. Rhys's Rhcobus, 4 yrs, 7st 91b (Noble) 1
Mr. J. Newbald's Ladybird, 4 yrs, 6st 121 b (E Taylor) 2
Mr. Barber's Ellen, 5 yrs, Bst 41b (Entwistle) 3
Mr. Bell's Pupil, 3 yrs, Gst 21b (Thomas) 4
Mr. Meek's Kate filly, 3 yrs, sst 71b (carried,sst.lolb)

(Hobson) 5
Mr. Barber's Foxhead, 4 yrs, Gst (car. 6st 31b) (Hanford) 6
Deserter and Keepsake also ran.
Mr. Barber declared to win with Ellen.

Betting-9 to 4 agst Deserter, 4to 1 each agst lthcebus
and Ellen ; 6 to 1 each agst Ladybird and Pupil.
Won by two lengths; the same between second and
third.

The City Steeplechase (Handicap) of 5 soya each, 1 ft,with
50 added; the second to save his stake; winners 71b
extra.
Mr. Markey nd. Wee Nell, aged 11st (Knott) 1
Mr. Phillip's Heads or Tails, aged list.... (G. Stevens) 2
Mr. T. Pears's Nigger Lass, aged, Ost olb (Owner) 3
Mr Baker's Marmion, aged, 9st 81b ..(W. White) 4
The following also ran :—Antelope, The Spinner, Tom-
boy, and Polly.
Betting-2 to 1 agst Wee Ne 11,4 to 1 agst Heads or Tails,
9 to 1 agst Marraion, 6 to 1 agst The Spinner, 7 to 1 agst
the Nigger Lass.

Heads or Tails seemed to have her opponents safe oppo-
site the Stand ; but, greatly to the surprise of the specta-
tors, Wee Nell caught her in the last few strides, and won
by half a length; a bad third. Polly fell.

RACING FIXTURES FOR 1862.

FEBRUARY.

Lincoln • .

25

Nottingham S
4
Derby Spring
Liverpool S ll
Doncaster

Coventry l7
Warwick Spring
Shrewsbury S

Northampton
Croston Park .. 4
Epsom Spring
Pontaland

Newmarket C 2l
Catterick Bridge
Abergavonuy 24
Thirsk

Newmarket F S 5
Chester Spring
York Spring

Salisbury
Bath
Harpenden 3O
'IE.

Epsom Summer.. 3
Chelmsford ll
Manchester ll
Ascot

Newcastle
Hampton
Carlisle

Odiham
13ibury Club .. 2
Newton
Stockbridge . 3
Winchester
Newmarket
Worcester
Liverpool

Abingdon
Pontefract
liungerford
Nottingham
Southampton 22
SLamford 24
Marlborough
Goodwood

A public meeting is to be held in Islington to
wards the end of the current month, at which Lord Gran-
ville has consented to assume the chair, for the purpose of
inaugurating the project for establishing a Finsbury School
of Art in conjunction with a museum and public picture-
galleries, to be called the North London Gallery, Museum,
and School of Art.

DEATH OF SIR CHAPMAN MARSHALL.—We
have to announce the death of Sir Chapman Marshall,
which took place on Thursday at his residence Pembridge-
crescent. The deceased was the only son of the late Mr.
Anthony Marshall, of Peterborcugh, and was born in
178 G. In 1831, while serving the office of Sheriff of Lon-
don, he received the honour of knighthood ; in the follow-
ing year he was elected Alderman of the Ward of Bridge-
within, and served the office of Lord Mayor during the
year 1839-40.

DEATH OF THE VETERAN SAILOR OF WATER-
LOO-BRIDGE.---This old man, known to all passers over
Waterloo-bridge, exhibiting a ship in full trim for charity,
expired on Friday night at his lodgings in Granby-street,
Waterloo-road, at the great age of 98 years. He was
one of the ringleaders at the mutiny of the Nore, but
through a " slice of luck," as he used to call it, escaped the
yard-arm lift, and after losing all his former meritorious
advantages, and undergoing long imprisonment, ultimately
fell to the position in which he ended his mortal career.
LIFEBOAT SERTICES.—EASTBOURNE, Jan. 12.
The officer of the Coastguard, Mr. W. J. Kikhing, on this
station, reports that during a heavy gale of wind yesterday
(Saturday) afternoon the barque Druid, from Sunderland
to Naples, came to anchor in the roads. She had signals
of distress flying and part of her sails blown away. The
lifeboat of the National Lifeboat Institution was imme-
diately launched (no other boat being able to go through
the heavy surf), and got alongside the vessel about five
p.m. The master detained the lifeboat by his vessel all
night, although his crew were most anxious to jump into
her and to be brought on shore. The vessel has fortunately
held together, and, the weather having moderated, she will
probably be towed into harbour by a steam-tug.
DESTRUCTIVE FIRE IN KING-STREET, HOL-
BORN.—Last evening, about six o'clock, a fire, attended
with a great loss of property, happened in the premises oc-
cupied conjointly by Mr. Hansen, a picture-frame-maker
and carver and gilder, and a gentleman named Neal, at 26,
King-street, Holborn. It appeared that there were four
children sitting at tea on the second-floor, as well as Mr.
Noel, who was very infirm, In the adjoining room were
also taking tea a young lady and a young gentleman. One
of the servants having occasion to go upon the landing to
fetch some boiling water from the kitchen, smelt some-
thing burning, and she immediately shouted out that the
house was on fire, which unfortunately proved to be cor-
rect, and the four children and the young lady and gentle-
man rushed down the stairs, through the heated smoke,
the best way they could, being met at the shop door with
huge sheets of flame, which nearly encircled them. They,
however, managed to reach the street, but not until they
had inhaled the heated smoke, Not so with Mr. Neal. He
being so infirm, was unable to run down stairs, and had it
not been for a gentleman who was taking tea with him, he
must have been burned to death, or suffocated. As it was
his friend pulled him out of his room, got him out on the
parapet of the building, and passed him into the next house.
The brigade engines quickly attended, and a good supply
of water being obtained the firemen went to work in a most
praiseworthy manner, but they were unable to get the fire
extinguished until a serious amount of property was de-
stroyed. The origin of the fire is unknown.
ALARMING FIRE AT ST. PHILIP'S CHURCH,
KINGSLAND-ROAD.—Yesterday morning, at a few minutes
before the time announced for the commencement of Divine
service in St. Philip's Church, Acton-street, Kingsland-
road, upon one of the officials going into the basement
vaults, not fewer than twenty-four sacks of coke were found
in a complete body of fire. The parish and other engines
being quickly brought, the firemen were enabled to confine
the fire to the vault in which it commenced. Owing to the
excitement Which prevailed at the time 'of the fire,' the
church was closed in the morning, but it was reopened in
the evening. The fire, it is supposed, was caused from the
coke being delivered too hot into the vaults of the church.

7.HE GALE.

SHIELDS, SATURDAY NIGHT.

To-day we have had another storm signal hauled
up at our harbour's mouth—north cone hoisted over
drum, indicating that dangerous winds might be
expected from the north. The register of the
Board of Trade thermometer and barometer at the
station has
.been as follows during the past two
days

Barometer.

Thermometer.

9 a.m. Noon 4pm I 9am I Noon pm:
Friday, Jan 10. 29.43 29.45 2947 47 48 48
Saturday Jan 11 29.15 29.06 29 12 I 147 48 49
Down to nightfall the wind was from the S.W., and
this morning, despite of the storm warning, some
few vessels put to sea at tide time ; and there is
every prospect that they will have a bitter night,
as the wind has chopped round nearly to the north,
and is now blowing a severe gale, which threatens
to increase in violence.

PORTSMOUTH, SUNDAY.

A strong gale blew here yesterday from W.S.W.,
veering round to N.W. in the evening, and becom-
ing more moderate. The Buffalo, screw storeship,
arrived at Spithead during the height of the gale,
and let go both her anchors off the southern part of
the Spit shoal, from which position she moved, on
the wind moderating, further to windward. The
St. Vincent boys' training-ship in the harbour drag-
ged her moorings and drove on to the shoals off
the north cnd of the dockyard, where she remained
until this morning, when she was got off by steam
tugs and tempoarily moored alongside the Nelson,
screw liner, lying up the harbour. The barometer
has been very unsteady for some days. On Wed-
nesday there was a strong breeze from the S.W.,
with the mercury at 29.7 inches, having fallen from
30.1 on the previous day. On Thursday it blew
heavy, also from the S.W., during the fore part of the
day, but cleared off in the evening. On Friday the
glass fell and rose again li-tenths, with light winds

and warm atmosphere. Yesterday the mercury
had fallen 3-tenths during the 24 hours, and, as
stated above, was attended by a heavy gale from
S.W., veering in to N.IV., and more moderate at

the close of the day, the mercury rising from
2947 to 29.8 during the night, but falling
to 29 7 by 10 a.m. to-day, the close of the 24 hems
and now 6 p.m.—having fallen a further tenth.
The wind to-day has been light, but is accompa-
nied by a threatened fall of lain. The
,barque
Thomas Fielder, coal laden, struck on the Ower
rocks, off Selsea Bill, yesterday; has part of her
false keel carried away, having the remaining por-
tion athwartships, and has been towed into shoal
water in the harbour channel here by her Majesty's
Revenue screw schooner Argus, where she has taken
the ground and remained. She will be got afloat
and towed into harbour for examination and repair
to-night, if possible, for which .purpose steamtugs
are in attendance upon her. A Dutch vessel, dis-
abled from collision, is reported to hare put in at
the Mother bank.
PLYMOUTH, SATURDAY MORNING.

Her Majesty's screw steam sloop Lapwing, 6,
Commander M. P. O'Reilly, from the Mediter-
ranean, arrived in the Sound this morning. We
have had a heavy storm from the south-west all
all night. Oldenburg brig Mouwe has drifted from
her moorings in the Sound. The Government
steamtug Confiance, with another Government tug
and the merchant steamer Wellington, are attend-
ing on her, superintended by Commander Aylen,
the Queen's Harbour-master. The schooner Dapper,
from Jersey, with wine for Bristol, has grounded
in Deadman's Bay, Catwater, but will probably be
got off. A schooner which grounded near the Bar's-
head, Catwater, has been towed into Sutton har-
bour.

CHATHAM, SATURDAY.

A violent gale of wind from the west and south
swept over this port and the neighbourhood to-day,
lasting some three or four hours. During the height
of the storm a considerable portion of the fine
stained-glass window over the communion table at
St. Mary's church was blown down by the violence
of the wind, causing damage to a considerable
amount. In the harbour the gale was felt unusually
strong, but fortunately no casualties occurred among
the shipping, most of which struck their royals and
topgallant masts. The lowest reading of the baro-
meter was 29 5.