The Sun.
London, England, 1865-05-16 00:00:00

FHE SUN, LONDON, TUESDAY EVEAING, MAY 16, 186 a,

LAW INTELLIGENCE—(This Day),

EXCHEQUER CHAMBER.
(Sittings in Error.)

G. O'MALLEY IRWIN V. SIR G. GREY-PETITION OF RIGHT.

In this case the plaintiff sought to reverse the decision
come to in the Court of Common Pleas with respect to his
claim to a petition of right.
A preliminary objection was taken to the opening of the
case by the counsel for the other side, which was deemed
by the Court to be fatal, and the case was struck out.

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

MESSENGERS' CHARGES IN THE COURT OF BANKRUPTCY-

IMPORTANT QUESTION-STUBBS V. HORN.

This was an action to recover £23 4s. Bd., messengers'
charges in the Court of Bankruptcy, Mr. Henry James
appearing for the plaintiff, and Mr. A. L. Smith for the
defendant. ,

Mr. Henry James, in opening the case, stated that the
issue in this action would probably centre itself into a
point of law for the Court, inasmuch as the whole question
was the legal liability of the defendant, who was the peti-
tioning creditor in a bankruptcy matter, to pay certain fees
to the plaintiff, one of the messengers of the Court of
Bankruptcy.

Plaintiff said that he received some directions from Mr
Flews (Lawrence, Plews, and Boyer) to send down to
Chiswick to take possession of the property of ono partner
in a firm which had been become bankrupt. There was a
bill of sale on the goods in the house and had been for
some time.

Cross-examined—l am appointed by the Commissioner
in the Court of Bankruptcy. There is no such thing in
this case as a final order of discharge so far as I am con-
cerned.

Mr. Smith admitted that the plaintiff must be nonsuited,
inasmuch as there could be no such thing as the liability
of a trade assignee to a messenger of the Court of
Bankruptcy in the absetice of an express contract. The
learned counsel rested his defence upon the case of Ham-
ber and Hall, 20 Law Journal, Common Pleas, page 157.
The trade assignee was not to pay the officer of the Court
of Bankruptcy, who should rather be paid by the court
itself.

Mr. James, in reply, referred to the case of " Stubbs v.
Twyning," and reminded the Court that in that case it was
decided that the trade assignee was liable for fees when
there had been any direct interference with the messenger.
In this case it was clear that the attorneys to the petition-
ing creditor had instructed the plaintiff to interfere, and
thus made the defendant liable.

His lordship said he should like to see the case quoted
by Mr. James, and, perhaps, while the casewasbeing sought
for, the jury might be asked as to the fact of there being
any interference on the part of the defendant.
' •

Mr. James was of opinion that it was purely a question of

His lordship then said it would be better to take a ver-
dict for plaintiff subject to the opinion of the court.
Mr. Smith applied for permission to move tho court in
the event of an adverse verdict.
His lordship replied that whichever way the decision
went the parties would be entitled to move either this
court or the court above.

A verdict WAS then passed for the plaintiff subject to the
judgment of his lordship, to be delivered on a future day.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
IMPORTANT DECISION.-MOSES V. SOLOMON.

and she fell and became insensible. She also saw the pri-
soner strike a man with the knife.

Mr. Paget remanded the prisoner for a week, and said if
it was necessary he would take the deposition of the
wounded patient in the hospital.
A GERMAN FEUD.—THE KNIFE AGAlN.—Wilhelm A.
Batram, aged 42, a walking-stick maker, was charged with
cutting and wounding Elizabeth Jost, at No. 2, Buckle-
street, Whitechapel.

The parties are Germans, and were drunk and quarrel-
ling last night. The prisoner was using very bad language,
and after some provoking answers from the prosecutrix,
he took a knife from his pocket and cut her across the
mouth. She was taken to the London Hospital.
A certificate from Mr. Weller, house surgeon in the
London Hospital, was handed to the magistrate by Kelly,
130 H. It stated that the woman was a patient, with in-
juries on her face, and could not be removed.
The prisoner said he was assaulted by Mr. and Mrs.
Jost after ho used the knife.

Mr. Paget said that was very likely: Ho remanded the
prisoner for a week.

Naval and Military Intelligenc3.

----*---_

Major-Gen. E. C. Warde, C. 8., commanding at
Woolwich, yesterday, attended by Capt. Williams,
aide-de-camp, Brigade-Major Hay, and Captain
Nangle, deputy-assistant quartermaster-general,
completed his half-yearly visitation of the district
under his command, by inspecting the local divi-
sion of Royal Marine Light Infantry on Wool-
wich-common. The whole available strength off
duty mustered about 650, in command of Col. G.
Byng Payne, the commandant. The General, hav-
ing inspected the line, informed the commandant
that he was well pleased with the soldierly appear-
ance, and as their annual inspection was announced
to take place to-day he should dispense with any ma-
nceuvres. The men would simply march past and
be dismissed. General Warde and Staff then pro-
ceeded to the Royal Artillery parade, where Nos. 1
and 2 batteries of the sth Brigade, Garrison Artillery
(arrived at headquarters recently, in command of
Major Simpson and Capt. Wilson), were drawn up
in review order. The General went through a mi-
nute and careful inspection of the men, in which his
progress was repeatedly arrested by their slovenly
and careless appearance. He expressed much dis-
satisfaction, and alluded to the happy contrast pre-
sented by other portions of the Royal Artillery,
which he told them they should seek to imitate.
A public announcement was yesterday made
throughout the garrison at Woolwich that the
Queen's birthday will be kept on the 24th inst. by
a feu de joie, and the closing the public establish-
ments of the Royal Arsenal, dockyard, &c. The
whole of the troops will likewise be granted a holi-
day as far as garrison duties will permit.
First-Lieut. E. H. White, of the Portsmouth di-
vision of Royal Marine Light Infantry, has been or-
dered to go through a course of fieldwork instruction
and field fortification at the Royal Engineer estab-
lishment, Chatham, with the corps of Royal En-
gineers.

Her Majesty's screw corvette Scout, 21, 400 horse
power, attached to the first division of the Steam
Reserve in the Medway, has been commissioned by
Capt. C. H. May (June 23, 1859) for service with
the North American squadron. The Scout since
she was last in commission has undergone a com-
plete overhaul and repair to both hull and machinery,
in addition to which she has been fitted with a poop
and also a topgallant forecastle. She has received
her guns and most of her War Department stores
from the Ordnance establishment, Chatham.

The iron screw steamship Achilles, 20, Capt. E.
W. Vansittart, which left Lisbon on Thursday, ar-
rived at Plymouth yesterday.

The iron screw steamship Black Prince, 41, Capt.
Lord Frederick H. Kerr, from Kingston on Satur-
day and Queensto wn on Sunday, arrived at Ply-
mouth yesterday.

The paddlewheel steamship Gladiator, having in
tow the Hindostan, left Plymouth yesterday morn-
ing for Dartmouth.

In addition to our notice of the athletic games at
the Royal Military Academy, Woolwich, which took
place on Friday last, we are requested to state that
in the steeplechase over 20 flights of hurdles and
four jumps, two of 15ft. wide and two 12ft. wide,
with hurdles in front, and in which the successful
competitors' names were omitted, the winner was
Dr. Dunlop, Mr. Black second, and Mr. Wemyss
third. The distance gained by the winner (Mr.
Pottinger) in throwing the cricket-ball should have
been given as 97 yards. In the quarter of a mile
flat race the name of Mr. Wemyss was given as
second, instead of Mr. Willis. In the hurdle race,
130 yards, over 12 flights of hurdles, Mr. Crocken-
den was first, Mr. Willis was second, and Mr. Bruce
third. In the three-legged race,• in which, as stated,
Mr. Chambers and Mr. Daniell were the winners,
Messrs. Dunlop and Fergusson were second. Mr.
Lloyd was winner of the Consolation Stakes, and
Mr. Beresford was second. M. Crookenden, hav-
ing won the greatest number of prizes, was pre-
sented with a handsome timepiece by General Sand-
ham, the Lieutenant-Governor. He also gained a
silver bugle (as an honorary distinction), to be held
for one year. This prize was presented to the
academy many years ago by Col. Eardley Wilmot,
R.A. Mr. Dunlop, as the next most successful.
competitor, gained a silver tankard. From the
recent inundation of the lawn by the heavy rains of
the preceding three days, the ground over which the
running took place was heavy and slippery, which
had a considerable effect on the different races and
jumps. In reference to our statement that the
sports are a compulsory part of the studies, it ap-
pears that we are incorrect, as we find that the
gymnastic games are compulsory, but the athletic
sports are a perfectly voluntary recreation on the
part of the cadet.

The following appointments were made yesterday
at the Admiralty :—J. Sproule, surg., to the Scout ;
R. Burrows, surg., to the Cambridge ; E. R. Mall,
paymaster, to the Scout; G. H. Maunsell, assist.-
surg., additional, to the Cumberland; W. Carmichal,
assist., surg., to the Scout; G. R. Johnson, assist.-
paymaster, to the Victory ; C. L. W. Lagrange,
assist.-paymaster, to the Scout ; E. G. Whitmore,
clerk, to the Scout ;W. 0. Bedford, assist.-clerk, to
the Scout; F. C. Ford, first-class assist.-engineer,
additional, to the Terrible ; J. Shore, second-class
assist.-engineer, to the Terrible ; and J. M'Graw,
second-class assist.-engineer, to the St. George.

RAILWAY INTELLIGENCE.

ATLANTIC AND GREAT WESTERN.

A meeting of shareholders and bondholders in this
company was held yesterday at the London Tavern
to receive a report from Mr. Kennard, the chief
engineer ; Sir S. Morton Peto, M.P., in the chair.
The CHAIRMAN explained that as Mr. Kennard,
their engineer in chief, had arrived in England, the
London board thought it desirable to give the bond
and share holders the opportunity of receiving all
the information Mr. Kennard could give them, so
that they might know as much about their affairs
and the prospects of the company as did the mem-
bers of the board.

Mr. SITTERTHWAITE then read Mr. Kennard's
report. It stated that the company's main line was
completed, including the extension to Cleveland,
the Western coal-fields, and Silver Creek branches,
with all necessary stations, sidings, and works. The
total length of the main line from its junction with
the Erie Railway at Salamanca to Dayton was 386
miles, the Cleveland Extension (broad gauge), 51
miles, the Western coal branch (Franklin to Oil
City), 32 miles, and the Silver Creek (coal branch),
six miles, together 475 miles. The extensions par-
tially constructed were the Buffalo division, 70
miles, the New Lisbon (coal branch), 30 miles ; the
Erie and Niagara (Canada branch), 32 miles, mak-
ing 132 miles. The company leased for 99 years
the Mahoning Railway, which was 81 miles in
length, the total being 688 miles. The present
position of the rolling-stock showed 91 loco-
motives in use and 35 in course of construction,
making 126. There were 51 passenger cars, and
40 in course of construction, each capable of carry-
ing 60 passengers ; they had 16 baggage and mail
cars, and 2,566 freight cars, capable of carrying 12
tons each. The engagement with the Erie Railway
to supply rolling-stock to the extent of $5,000,000
for the purpose of through traffic between New
York and Cincinnati was being faithfully and ener-
getically fulfilled by that company. (Hear, hear.)
The traffic receipts had increased from £l3 12s. per
mile per week, in 1862, on 60 miles open, to £l9
per mile per week, in 18631 with 227 miles open ;
and to £3O 12s. per mile per week on 252 miles
open. They further increased to £4B per mile per
week on 322 miles open in 1864, and to £62 per
mile per week in 1865 on the same mileage. The
receipts per mile had doubled from January, 1864,
to March, 1865. The traffic receipts, though de-
rived almost exclusively from local sources, were
greatly in excess of the chief engineer's original esti-
mates, which were based on a traffic to be expected
from the whole system. With a view to show the
sufficiency of the revenue to meet the interest upon
the various obligations of the company he took the
bonded debt at £7,000 per mile, and the' amount
representing the line in operation as being £2,254,000,
the interest upon which was £157,780 per annum.
The earnings for the month of March last, although
the traffic was then injuriously affected by floods,
were at the rate of £809,640 per annum, taking the
present rate of exchange at 3s. to the dollar, and
deducting 60 per cent. for all expenses, the surplus,
after payment of interest upon the debts of that
portion of the line in operation amounted to
£164,550 per annum, showing that the present re-
venue, although derived from little more than half
the mileage of the railway, and without the advan-
tage of having the through traffic, was snfficient to
pay the interest on the whole debt of the entire line,
with a surplus exceeding £30,000 per annum. On the
completion of the company's whole system of railway
communication, and taking the traffic'permile only as
actually existingin March last on 688 miles it would
produce $11,537,944 yearly, and deducting 60 per
cent. for working, and the rent of the Mahoning
line together $7,205,766, would leave the net earn-
ings per annum $4,327,178, which, at an exchange
of 3s. 4d. per dollar, would amount to £721,196, or
at 4s. per dollar to £865,435. Estimating that the
bonded or preference debts on completion of the
works would reach £5,500,000, the interest at 7 per
cent. would absorb £385,000, leaving for dividends
on shares at an exchange of 3s. 4d. £336,196, and
at 4s. per dollar £480,435. The extraordinary pro-
gress of the traffic was accounted for by the promi-
nent position which the railway occupied on the
continent of America, affording an unbroken gauge
for a distance of 1,200 miles through the wealthiest
districts of the United States from New York on the
Atlantic to Cincinnati on the Ohio and St. Louis on
the Mississippi, in the south-west ; to Cleveland on
Lake Erie, in the north-west, the line making junc-
tions and connexions in its route with 13 other im-
portant railways. The works over the whole rail-
way, on which the maximum gradient was one in
100, with extremely easy curves and no tunnels,
had been executed in the most substantial manner,
and the rolling stock was first class in every respect.
The railway had been constructed in three divi-
sions by separate organisations, which were ren-
dered necessary in consequence of the line passing
through three States, having distinct laws. In con-
clusion the report stated that the administration of
the company's property in America was now con-
centrated in the hands of Mr. S. S. L'Hommedieu,
president, and Mr. D. M'Laren, superintendent,
and that no gentlemen stood higher in public or
private estimation, or had larger experience in rail-
way business.
Mr. KENNARD entered into various details with a
view to show that the actual traffic on the line had
been very much greater in amount from the open-
ing of the first section to the present time than ever
he had estimated it ; and that when all the sources
of traffic were opened to it and in operation,
the traffic would no doubt hie very much more
than he would venture to state. When peace was
established the traffic on the line would be immense,
as they had carried very little of the war traffic.
Three or four of the lines in connection with their
line made profits of from 20 to 30 per cent. per
annum, and it was not unreasonable for them to ex-
pect as much on their line, considering its position
and resources. They would have an immense coal
traffic to all lines in connection with theirs, and also
to Canada.

A SHAREHOLDER, who had resided in Canada,
said the traffic in coals from the company's line to
Buffalo would be five times greater than the amount
stated by Mr. Kennard.

Mr. EVANS, a director of the Erie Railway, had
always considered that the Atlantic and Great
Western would be a most remunerative line when
constructed. The through traffic over it from the
Western States would be immense, and it could not
fail to benefit the Erie Railway considerably.
The CHAIRMAN said the report showed that the
bond debt of the company was amply secured by
the present receipts of the railway. He had accepted
the office of chairman when he had been satisfied
that the bondholders were perfectly safe. Whatever
might be the net earnings of the railway, or rate of
exchange, every shilling of it would be placed atthe
bankers in London to meet the claims of the bond-
holders. He was a candidate for the city of Bristol,
and when that matter was deciddd it was his inten-
tion to visit America for the purpose of seeing their
railway, and examining every portion of it, as he and
his friends had a large interest in the undertaking.
The proceeding concluded with votes of thanks to
the chairman and directors ; to Mr. Kennard for
his report and explanation ; and also to Mr.
M‘Henry for his successful exertions.