The Sun.
London, England, 1854-02-09 00:00:00

THE DERBY CASE.

QUEEN'S BENCH (WESTMINSTER), THIS DAY,
(Sittings at Nisi Prius before Lord Campbell and a
Special Jury.)

THE QUEEN v. BERESFORD, AND OTHERS,

This important case, which has for some months past
created considerable interest in the public mind, having
been specially appointed for this morning, the court was
densely crowded, by persons in the expectation of hear-
ing some extraordinary disclosures, but from the subse-
quent proceedings it will be seen they were disap-
pointed.
The defendant, Major W. Beresford, it will be recol-
lected, was indicted, with nine other persons, for con-
spiracy.

Mr. Edwin James, Q.C., Mr. Slade, Q.C., and Mr.
Turner appeared on the part of the prosecution, and
Sir F. Thesiger, Sir Fitzroy Kelly, Mr. Whateley, Q.C.,
Mr. Bodkin, and Mr. Clarke appeared for the defendant
Major Beresford. The other defendants did not appear,
it being understood the indictment was withdrawn as to
them.

Major Beresford, who appeared very ill, arising from
a recentaccideut, accompanied by Mr. Forbes M'Kenzie,
entered the court on crutches and took his seat in front
of Sir F. Thesiger. A host of political friends were also
present.

Mr. Turner opened the pleadigns, and said the de-
fendant was indicted for conspiring with others wilfully
to corrupt the electors of Derby. On the 7th of July
the Speaker of the House of Commons issued his pre-
cept directed to the Mayor of Derby, for the elec-
tion of burgesses to represent the borough in Parlia-
ment. The first count charged the defendant with
wickedly conspiring to procure a corrupt return of
members for the borough. In consequence of those
practices Mr. Horsfall was returned, but was afterwards
unseated by a committee of the House of Commons, and
Mr. Bass was elected in conjuction with Mr. L. Hey-
worth. Other counts went on to charge other parties
with having been conspiring, but with regard to them no
case was intended to be preferred.

Mr. E. James, Q.C., said the indictment originated
with certain electors of Derby with reference to the pro-
ceedings of the election of representatives for that
borough. A person of the name of Morgan, who
held his head-quarters at the County Tavern in Derby,
was said to have bribed several electors. The matter
had already been investigated by two tribunals, one of
them being a committee of the House of Commons. At
the time of the election, and subsequent to it, certain
parties made allegations that Mr. Horsfall had been im-
properly elected, and they petitioned the house to have
the election declared void. Idle and ridiculous rumours
were circulated as to the mode in which the election was
conducted, and the indictment was preferred by persons
who believed in the truth of these rumours. But
from the exposures which had taken place, the per-
sons preferring the indictment believed that enough
had been done to prevent the recurrence of such prac-
tices in future ; and he was, therefore, instructed to
offer no evidence in support of the indictment, and it
would, therefore, be their duty to return a verdict of
Not Guilty.
The jury then returned a verdict to that effect.
Lord Campbell said the jury, under the above circum-
stances, would return a verdict of Not Guilty.
Sir Frederick Thesiger said he could not allow this
' matter, notwithstanding the course that had been
taken on the part of the prosecutor, to pass without,
on the part of Mr. Beresford, denying in the
most distinct, impressive, and unequivocal language
that he had, either directly or indirectly, had anything
to do with the course which had been taken on the part
of the prosecution ; and nothing had been done by him
or any person on his behalf to prevent the fullest inquiry
into the consideration of the whole of this case. On
the contrary, Mr. Beresford was most anxious that
the fullest possible investigation should take place ; and
it was but justice to Mr. Beresford, and to himself, as
his advocate and friend, to state that no consideration
on earth would have prevented him from so doing.
Mr. Beresford had come there that day from
a bed of sickness arising from the consequences
of a serious accident.; but he came to the court anxious
to meet the charge, for which there was not the slightest
foundation. The charge contained in the indictment
had been suspended over Mr. Beresford for many
months, necessarily giving him great uneasiness and
anxiety of mind ; and it was only late last night that he
had received a communication that it was not intended
to adduce any evidence in support of the charge. With-
out the explanation he had made the verdict they had
just given would be the very re-terse of a benefit.
Mr. James confirmed what had fallen from his learned
friend, that the course that had been taken had not
arisen from any compromise on the part of either party,
but from the fact that it was felt that there was no
charge against the defendant.

Lord Campbell said, he felt it his duty to say that,
under the circumstances, it might be supposed that the
course pursued was not without suspicion ; but from
what had taken place that day in court, he trusted the
public mind would be satisfied that no corrupt compro-
mise had taken place between the parties, and that the
fact of no evidence being offered was sufficient to show
that there was no ground for the charge that had been
made.

The jury then retired, and the immense number o
persons present separated with evident satisfaction at
the result.

SHERIFFS COURT.-(THIS DAY).

(Before R. Gurney, Esq.)

BULL V. MAKING.

A RIDE TO THE CAMP AT CHOBHAM.--The plaintiff
in this action is an omnibus conductor, and the defen-
dant is a Licenced Victualler, at the Goose and Gridiron,
St. Paul's Church-yard, and the action was brought to
recover the sum of 1/. 125., for money had and received
for plaintiff's use.
The plaintiff did not appear, and it was stated that he
had withdrawn the case.

Mr. W. H. Garry, solicitor for the defendant, said he
had paid the fees of the court to bring the case for hear-
ing, and had given a brief to Mr. Duncan.
Mr. Duncan applied for costs against the plaintiff.
He said that although the amount was small, yet the
principle was great, and the defendant's reputation had
been very unjustly impugned. The facts were that Mr.
Making kept a booking-office, and carried on a very
extensive business, and during the time that the "camp"
was formed at Chobham, a great number of persons
booked for Chertsey, &c., and amongst whom
were a party of gentlemen, four originally pro-
posing, but it was decided that seats should be
taken for three, in case of one being unable to go.
On the day appointed four went, and by some misunder-
standing plaintiff did not obtain the fare for the fourth.
It would have been proved in evidence that the plaintiff
had been paid for the three who were booked. The
learned counsel said that the defendant was exceedingly
anxious that the case should be brought to trial ; but as
the plaintiff did not appear, all he (Mr. D.) could do was
to applyfor costs. He did not apply for costs for himself as
counsel in a case of such a small amount, but he hoped
the costs would be given for the attorney and witnesses.
The defendant was only served on the previous evening
with a subpcenas to produce his books, which he had
done, and had to bring witnesses to corroborate the en-
tries and payments to the plaintiff.
His Honour said he could only allow the costs for the
witnesses.
The case was then struck out.

ACCIDENT TO THE MARQUIS OF THOMOND.—We are
sorry to learn from Bath that the Marquis of Thomond
has had a severe fall and dislocated his shoulder, but,
through the skill of his medical attendant, Mr. Wood,
the fracture has been reduced, and the noble marquis is
doing well. It is gratifying to learn that the noble and
gallant officer has recently presented her most gracious
Majesty, for the Admiralty House at Portsmouth, three
full-length valuable portraits by Sir Joshua Reynolds,
of King George the Third, King William the Fourth,
when Pz ince of Wales, and one of his late Royal High-
ness the Duke of York.
BULWER'k! FAILURES. —Perhaps it may encourage
younger writers if I remind them that I was not suc-
cessful at first in any one line that I attempted. My first '
attempts at prose composition were refused admittance
into a magazine. My first novel was very little read,
and it is not included in the general collection of my
works. My first poetry was thought detestable—and
my first play very narrowly escaped being damned.
HARMONIC UNION, EXETER-HALL.—Handel, s Adis
and Galatea is announced for performance next Monday,
when Mozart's accompaniments to this favourite cantata
are to be heard for the first time in this country—a no•
velty of great interest.
SOUTH SEA COMPANY.— It is understood that the offer
of the court of directors of the South Sea Company to
purchase the stock of the corporation at 115 has been ac-
cepted to the extent of about 600,0001. ; and to this cir-
cumstance, probably, the necessity is to be attributed
for their selling a portion of the Government securities
recently purchased.
PARIS AND VIENNA MONEY MARKET.—TiIe closing
accounts from the Paris Bourse this afternoon showed a
further slight decline. At Vienna the panic in the money
market continues without check, the rate of exchange
on London having now advanced to 12.30, while the
funds are again rather low.
GUANO.—It appears that the report of the engineers ,
appointed by the Peruvian Government to measure the
quantity of guano remaining at Chincha Islands states
the total to be 12,376,100 tons of measurement, or
16,501,466 tons of weight. A previous estimate had
fixed the amount at 25,000,000 tons, while, according to
the recent supposition of the commander of the British
squadron in the Pacific, from data furnished to him by
Mr. Al'lntosh, naval instructor, it did not exceed 1:
8,0901000.

LATEST FOREIGN NEWS.

RUSSIA AND TURKEY.
RESUMPTION OF NEGOTIATIONS.
A telegraphic despatch, dated Vienna, yesterday
morning, and published by a cotemporary, says :
" Negotiations for peace are certainly still going
on.

"Count Orloff has again postponed his departure.
" The Emperor Napoleon has, in an autograph
letter, made a last appeal to the good sense of the
Emperor Nicholas."
Until that despatch is confirmed by information
received from other quarters, little reliance can be
placed on the truth of the last paragraph. We
think after what has happened, it is highly impro-
bable that the French Emperor would, under his
own hand, sue for peace. 'We have no doubt,
however, that Count Orloff is still endeavouring to
re-open negotiations at Vienna.

Count Orloff and Baron de Budberg, says a tele-
graphic message received to-day, left Vienna on
Wednesday.
The Austrian Correspondenz bas an article com-
plimentary to the Czar, though letters state teat
the last propositions have been refused.

Prospects of peace on other bases were still being
held at Vienna.

CONSTANTINOPLE.

News from Constantinople of January the 25th
says the fleets having taken in fresh provisions, will
re-enter the Black Sea on the 28th. In the mean-
time three French and three English steam-frigates
have sailed to-day for Varna. On the 28th another
Turkish convoy, intended to carry men and am-
munition to Batouna, will sail under the escort of
a part of the Turkish fleet and the French and
English frigates.
Military operations in Asia are suspended.
General Baraguay d'Hilliers sets out to-morrow
on his tour of military inspection.
A vast conspiracy, with the object of raising in
insurrection the Greek population on the banks of
the Danube, has been discovered. It is believed
that many eminent persons at the Court of Athens
are concerned in the scheme.

A telegraphic despatch dated 5 days later states
that the Seraskier and Capudan Pacha have been re-
moved. Riza Pacha is appointed Seraskier, and
Achmed Pacha to be Capudan Pacha.