The Sun.
London, England, 1865-04-04 00:00:00

THE SVII, LONDON, TUESDAY EVENING, APRIL 4, 1865:

LAW INTELLIGENCE—(This Day. )

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

THE EARL OF CARDIGAN'S RABBITS AND THE LONDON

MARKET.-IVORMS V. FRANKS.

This was an action to recover £3 ss. 4d. damages for
selling to plaintiff certain rabbits unfit for food, plaintiff
being a dealer, of 9, Brook's-market, Holborn, and defen-
dant, a Salesman, of Leadenhall-market.
Plaintiff stated that on March 3d last he went to defen-

dant's shop in the market, and there saw two hampers of
rabbits. Plaintiff looked at the top layers, but was not
allowed to turn the others over. The top rabbits were very
good, but when plaintiff wanted to make a further exami-
nation he was told not to pull the things about. Plaintiff
then paid his money and took away the goods, subse-
quently proceeding to expose theia for sale in Leather-
lane. Some of them, however, were very bad, and quite
green. The inspector came and saw them and condemned
thorn. Plaintiff wished to take them back to defendant,
but the inspector said, "I have condemned them as being
unfit for human food, and if you touch them, or try to sell
them, I shall lock you up." They were then taken away,
and plaintiff went to see defendant's foreman, showing him
a card he had received from the condemner, but the fore-
man offered plaintiff 108., and said he would make up the
matter another time.

His Honour—Well, Mr. Pranks, iwhat do you say to
this ?

Defendant—l am inclined to doubt .the evidence given
by the plaintiff. I received these rabbits on March 2 from
the Earl of Cardigan's estate, and I have a letter from the
keeper, stating that they were shot on Feb. 27 and 28.

His Honour—That letter would not be evidence.

Defendant—l only mention it to show that the rabbits
could not have been unfit for food. I should like to ask
the plaintiff if all the rabbits were bad.
Plaintiff—No ; 1 did not give notice to the condemner,
but ho came to me.

Defendant—l should like to have good evidence of the
state of the rabbits, for I have had great quantities of tho
Earl of Cardigan's game for some years, and have never
had a complaint of this kind before.

produce the inspector's condemning note.
His Honour—ls the condemner present ?

Plaintiff—He is.

Mr. Brown, one of the sanitary inspectors for the dis-
trict, said—l saw some rabbits hanging up in Leather-
lane which were totally unfit for human food.
His Honour—Describe the state they 'were in.
Witness—l examined them, and found that near the
shoulders they were discoloured and saturated with matter.
His Honour—Saturated with matter! What would that
arise from ?

Witness—l should say from decomposition.
Defendant—Was not the discolouration caused by the
rabbits being shot ?

Witness—l should say not. I had them removed. They
were taken to the stone-yard and covered over with stones,
and afterwards buried. There were 78 of them.

Defendant—Were the skins taken off before they were
buried ?

Witness—Certainly. 1 do not know who the man was
who gave me the information.

His Honour—You see, Air. Franks, that this evidence is
very strong. • -

Defendant-4 confess that I cannot understand it. The
rabbits were quite fresh, and, if the evidence be correct,
they must have been diseased.

His Honour—lf that were so, perhaps the whole warren
was diseased, because it will soon spread. In this case the
evidence of the inspector is conclusive, and he has shown
that he condemned the goods because they were quite
unfit for food. It is just like the bad fish question.
Defendant—l think not your Honour, because in that
case the buyers did not see the fish. Here they can see
the rabbits.

Plaintiff—Oh! no, we cannot.
His Honour—But the evidence of the inspector is bind•
,ng against you Mr. Franks.

Defendant—l do not think that we should have a con-
demning note sent to us to be allowed to see the goods,
Perhaps after all the inspector might be mistaken.

His Honour—l cannot help that. It is his duty to de-
cide between the seller of food and the public, and he has
condemned certain rabbits. Upon his evidence I must de-
cide between you and the plaintiff. You can get this
money back from the Earl of Cardigan's gamekeeper. I
must find for the plaintiff with costs.
Verdict for the plaintiff.

POLICE INTELLIGENCE,—This Day.

MARLBOROUGII-S TREE T.

A SOLICITOR CHARGED WITH ASSAULTING A BARRISTER.

—Mr. Robert Henry Copperthwaite, solicitor, staying at
Hatchett's Hotel, Piccadilly, was brought before Mr. Tyr-
whitt on a warrant charging him with assaulting Mr.
Alexander Disney, a barrister.

Mr. E. Dillon Lewis, of Great Marlborough-street, ap-
peared for the complainant, and, having opened the case,
called

Mr. Disney, who said that about a fortnight ago be was
walking in Regent-street, when the defendant came be-
hind him and struck him in the back with his fist, saying
"I'll murder you." The defendant had frequently behaved
in a similar manner.

In answer to the defendant, the complainant said that,
until lately, he know the defendant as a respectable man.

The defendant said that ho had known the complainant
for years, and been a friend to him, and they had had trans-
actions_ together. The present proceedings were only
taken against him out of a feeling of spite.
Mr. Tyrwhitt ordered the defendant to find one bail in
£5O to keep the peace towards the complainant for six
months.

AN UNFOUNDED CHARGE.—TWO women, named Eliza
May and Jane Lovell, were charged with stealing from the
person of Mr. Norman, of 32, Gower-place, brushmaker, a
silver watch and gold Albert chain, of the value of £9. On
the accused being placed at the bar no prosecutor was in
attendance.

It was stated that some time after the accused were
charged at the police station the prisoner charging them
returned and stated that he had found his watch and
chain in his pocket.
Mr. Tyrwhitt discharged the accused.

thing else. " The Navy—its Construction and
Reconstruction" is elaborately canvassed, and con-
fessed to be as yet but in its experimental stage,
only prefiguring that of the future. " The Cost of
the Navy" is an article showing how much iron
exceeds wood in expense, but that it may ultimately
be cheaper, as lasting so much longer and saving
the eternal expenses of dockyards. " A Visit to
the Court and People of Siam" is still continued,
and gives a characteristic account of Eastern man-
ners and ideas. " A Sketch of Marshal
S. Arnaud " states that his correspondence
gives the history of the French occupation of
Algiers and African colonisation. The marshal in
one of his letters says, that " nothing was displayed
on a great scale except fatigue, privation, and sick-
ness," which is perfectly correct. Algeria has been
a sort of battlefield for expending French heroism
for the gratification of national vanity, but it will
never repay for its civilisation nor its conquest.
" Oswald Hastings" continues his chivalrous career
to the 19th chapter. The other articles are of varied
merit, and the opinions of the editor on naval and
military matters are expressed with a cordial sym-
pathy with both services.

The British Army and Navy'lleview.
This review has several articles of interest. One
on Militia Constitution and Reform discusses the
essential qualification of military discipline, and
shows how greatly our volunteers have improved
in their rifle practice, diffusing a sort of
elementary knowledge throughout the land.
" Scenes of Franco-Arab Life" are full of
a romantic adventure. A paper on " Mahe is
replete with information, and describes that memor-
able island, which Byron denominatet as " that
little military hothouse," but which is our great
naval station in the Mediterranean. Fortunately
the visit of the-Duke of Somerset has now settled
the position of the future naval dock in its only
natural place, the French Creek. " Stray Thoughts
on some Military Ribbons" contain some sarcastic
truths on the gratitude of the nation to its military
heroes—pay to starve on while living, and scant
honour when dead, leaving wives and little ones to
deplore their bereaved fate on miserable pensions.
The reward of a ribbon would never urge a soldier
to daring enterprise, unless his honour prompted
him to heroic deeds. Their promise (of ribbons)
will never make his pluck the steadier, their absence
will never make his duty the less firmly followed.
"Do you think 10,000 English horse could beat
those ?" Prince Eugene asked General Stanhope,
pointing to 10,000 Austrian Hulans. "I do not
know, sire," said Stanhope, " but of this I am sure,
that 5,600 would try !" Another of the " Cele-
brated. Trials" gives us the particulars of the mutiny N
at the ore and the death of poor Parker. His for-
lorn, but intrepid wife, arrived from Scotland only
in time to witness his execution, as he was going
to the ship. She contrived to rescue his body from
the grave the night of his execution, and took it to
London on her way to Scotland, but was persuaded
to have it interred in the vaults of Whitechapel
Church. A sketch of " Sir John Moore's last cam-
paign in Spain," by Capt. Knollys, gives a spirited
deliaeatiOn of that glorious but illused commander's
memorable retreat, battle, and death in the North
of Spain, where—

"Corunna's shores like those of Egypt tell
How Caledonia's bravest hero fell."

The Sixpenny Magazine.
This magazine has, as usual, an abundance of
entertainment for its readers, and some of thz con-
tents are worth reading. The story of " The Fate
of Thorsghyll" is continued, and it is certainly com-
plex and mysterious enough to attract the most
sensation-loving reader. A short tale, called " The
Lieutenant's Wooing," is founded on the incidents
of the America War. The editor of this serial is
the only one who has mailed himself of the inci-
dents of so dramatic an epoch. There are several
other tales, one of them a pleasant little sketch for
the young reader, teaching an excellent moral.
Among the general articles are a sensible paper on
the evils arising from the choice of an uncongenial
profession, and an interesting account of the poison
of the Upas-tree.

The Boy's Own Magazine.
This magazine is full of amusing and interesting
reading, of which peril and adventures by land and
sea fills a conspicuous place. One of the tales dates
back to the days of Richard 11., the scene of
another is laid in Caffreland. Then we have a
paper on the deer in the Zoological Gardens, by the
the Rev. J. G. Ward, an accomplished naturalist,
and an account of a day's shooting, by Walter
Thornbury._ The Puzzle Pages will while away a
leisure hour very pleasantly.

Newton's London Journal.
The principal paper in this number is on the
origin and formation of coal. It is the second
article, and is not yet completed. The recent
patents and scientific notices are given at length,
and the lists of provisional protections, &c., granted
are also added.

Hardwick,e's Science Gossip.
This serial is as light and pleasant reading as the
dilettante student 'can wish for, and withal full of
practical and untechnical information.

France and the Schleswig-Holstein Flag.

PARIS, April 2.
The following is the text of the identical reply
forwarded by the French Government to the Austrian
and Prussian Ambassadors in the matter of the re-
cognition by France of the Schleswig-Holstein
flag :

" His Excellency the Ambassador of Austria
(Prussia) has forwarded to the Minister for Foreign
Affairs of the Emperor a note, dated the 2nd inst.,
stating that the Commissioners of Austria and
Prussia, invested with the government of Schleswig
and Holstein, have proposed to adopt a provisional
flag for the marine of the Duchies, and that the two
Courts have come ;to an understanding to ask its
official recognition. In the same communication the
Court of Vienna (Berlin) expresses the desire that
his Majesty's Government would be good enough to
admit, in so far as concerns maritime and commer-
cial relations with the Duchies, the maintenance of
the treaties of navigation and commerce concluded
by Denmark until the time when the future Sove-
reign of Holstein and Schleswig shall be in a posi-
tion to treat directly with France.
"An identical note has been forwarded to the
Emperor's Minister for Foreign Affairs by the Am-
bassador of Austria (Prussia).
" The creation of a provisional flag for the Duchies
may be considered as a natural consequence of their
present situation, and his Majesty's Governmenthas
no objection to recognise it under reserve of the
rights of the Duchies themselves and of those of the
Germanic Confederation. In accordance with the
desire displayed by the Courts of Austria and
Prussia, their Excellencies the Ministers of Marine
and Commerce shall be made acquainted with this
resolution, in order that the necessary instructions
may be sent to the competent authorities at the
ports of the empire.
" Touching the maintenance of the benefit of the
stipulations settling the maritime and commercial
relations of France with Denmark, his Majesty's
Government could not defer to the wishes of the
Courts of Vienna and Berlin without exposing itself
to difficulties it is compelled to foresee. In effect,
the treaty concluded between France and Denmark
in 1742, and confirmed by the Convention of Feb.
9, 1742, stipulates exceptionally to the profit of the
Danish marine the exemption from the differential
rights of tonnage in indirect intercourse. In order
that this exemption, which constitutes a departure
from our maritime system should not be extended to
countries with which we have entered into treaties,
we have made it the object of an express reserve,
applying equally to the relations of France with
Spain. The Emperor's Government would not be
able now to confirm this exception'in favour of any
State whatever without giving rise to reclamations
upon the part of all the Powers with whom we have
agreed upon the treatment of the most favoured na-
tion. The Emperor's Minister for Foreign Affairs
can only, therefore, convey to the Ambassador of
Austria (Prussia) the expression of his regret, and
is persuaded that his Excellency will appreciate the
considerations which render it impossible for him to
satisfy the demands of the Courts of Vienna and
Berlin in this last respect.
(Signed) DROUYN DE DIM.
" Paris, March 15, 1860.

THIRD EDITION.

SUN OFFICE, 7 O'CLOCK.

SPORTING INTELLIGENCE—This Day.

NORTHAMPTON RACES-THIS DAY.
(BY ELECTRIC TELEGRAPH.)
TRIAL STAKES.

Wild Charley
Ackworth
2
Birchbroom

Ten ran.
NENE HANDICAP.

Balornock
Fisherman's Daughter ............................................. 2
Gay Deceiver 3
Six ran.