The Sun.
London, England, 1853-11-30 00:00:00

THE S'UN, LONDON, WEDNESDAY EVENING, NOVEMBER 30, 1853,

ment of it ; and I then declined to perform, stating that
I was ready to perform if they would guarantee the pay-
ment of the bill. I have taken many benefits in my life,
and when I took a half clear benefit, the proprietor
always paid the expenses. That was the rule of the
profession.
Cross-examined by Mr. Serjeant Wilkins—ls this bill
your
composition ?—" Tom Barry, King of Clowns, will
appear every evening during the week, whose benefit is
on Wednesday.
Tom Barry—Yes, that is my composition. (Laughter.)
I had been at considerable expense beyond the 51. 9s.
demanded by the printer. I paid 1/. 2s. for 1,000 day
or extra bills, out of my own pocket, and that expense
was independent of the 51. 95., which I protested against
paying. The bills charged 51. 9s. for did not contain
the programme of the performances on my benefit night ;•
they were merely announcements without particulars.
Mr. Serjeant Wilkins here re-called Mr. Levy, who
swore that he never gave the defendant Barry authority
to order the bills in question, and Barry repeated that
he had.
Mr. Serjeant Wilkins replied on the evidence, and
said, often as he had seen Barry—and he had seen him
with delight, he was sorry to see him defendant in the
present action. The defence was sought to be supported
by vilification and vituperation against Mr. Levy, who
deserved better treatment, and who ought not to be
taunted with having brought this action for the purpose
of putting costs into the pocket of his son. Such was
not the case. He had been injured in this case by the
defendant, and he brought the action to obtain redress
at the hands of a jury for the injury.
Lord Campbell, in summing up, said the verdict of
the jury should depend upon whether they believed the
agreement to be for twelve or nine nights, for it was
upon those two issues the plaintiff and defendant were
before them. He thought the evidence preponderated
to show that the agreement entered was that stated by
the plaintiff ; but if they should find for the plaintiff,
the damages ought to be small, seeing that Mr. Levy's
own account set his loss down as not exceeding 71.
The jury conferred together in the box for some time,
and then returned a verdict for the defendant.
Mr. Serjeant Wilkins applied to the Court to stay
execution till next Term.
Lord Campbell thought he ought not to interfere. If
he had been on the jury he should have found a different
verdict—at least on one of the issues, for the plaintiff ;
but he could not say that the jury were wrong, nor in-
terfere with their function. It was certainly open to
Mr. Sergeant Wilkins to move for a new trial ; but he
(Lord Campbell) could not interfere with the decision of
the jury.
The Court was crowded during the trial, and many
expected to see some -" ground and lofty tumbling"
under the anticipated influence of Mr. Serjeant Wilkins'
cross-examination of the witty clown ; but the learned
serjeant, who is neither very nice nor very meally
mouthed when acting for his client, declined to cross-
examine Barry, and great was the disappointment.
Barry, when the verdict was given in his favour,
shook his learned serjeant heartily by the hand, crossed
the floor of the Court, and said something sotto voce to
Mr. Serjeant Wilkins, who seemed either not to notice
him, or disinclined to recognise him.
Barry then left the Court surrounded by his friends,
to play his part upon another " stage"—that of Drury-
lane.

COURT OF COMMON PLEAS—Nov. 28.
LEE V. COLES CHILD.

The plaintiff in this case is a sail-maker in Leadenhall-
street, and the defendant a coal-merchant at Belvidere-
wharf, Lambeth. The action was brought to recover
281. 2s. 2d. for 200 bags and 5 pieces of coal-sacking.
The *llly question in the case was, whether the plaintiff
had given credit to the defendant, or to a person named
Howard, who had ordered them of the plaintiff on be-
half of the defendant, and as the plaintiff was called to
prove distinctly that he refused to give credit to Ho-
ward, and sold the goods only to the defendant, though
he agreed to give Howard a share of the profits, and
the defendant, though in court, was not called to con-
tradict this evidence, the jury returned a verdict for
the plaintiff.

Mr. Phinn having applied to the Court to stay the
judgment until next term,
The Lord Chief Justice refused, observing that he had
a very strong opinion of the merits of the case.
Mr. Serjeant Byles and Mr. Lush were counsel for
the plaintiff; and Mr. Chambers, Q.C., Mr. Phinn, and
Mr. Simon, for the defendant.

NAVAL INTELLIGENCE.

PORTSMOUTH, Nov. 29.

Vice-Admiral Sir Thomas Cochrane, K.C.8., the
Commander-in-Chief at this port, went down to Cowes
yesterday in the Fire Queen steam-yacht, to pay his
respects to her Majesty.
The St. Jean d'Acre, 101, Captain the Hon. H. Kep-
pel, got up steam yesterday to try her engines. She
will be ready to leave the harbour about Thursday.
The Neptune, 120, ordinary depot ship, Captain E.
H. Scott, has struck lower yards and topmast; and
lowered topsail yards on the cap for the winter.

THE RUSSIANS AT PORTSMOUTH.
The Aurora, 46, Russian frigate, hauled out of the
sea basin this morning alongside her berthing hulk Vic-
torious, to complete internal repairs and receive her
stores. For humanity's sake we trust what has been
stated to us, upon pretty good authority, may not be
true. Some dozen men have lately deserted from the
ship. Our police have captured nearly the whole of
them. Their fate is to be sealed after getting into
blue water, when the most of them are to be " hanged."
We hope this cold-blooded atrocity will not be carried
out at all events in sight of the English Channel ; but,
if we may judge of their fate by the murders in the
Wallachian provinces, under the title of " military exe-
cutions," we may expect that little mercy will be shown
to the unfortunate wretches now in confinement.
The Russian corvette Navarin came into harbour this
afternoon, and will be docked to examine the cause of
her leak, which we reported as having taken place off
Portland, and which caused her to return to this port.
It has been freely circulated that this was the fault of
our dockyard artisans. We beg to say that the corvette
has not been docked at this port, nor have we anything
to be answerable for in respect to the leak in question.
Such reports are unworthy further consideration.
Herald.

WOOLWICH, Nov. 29.
APPOINTMENTS.

Master.—Richard Sturgess (1853), to the Racehorse,
14, sloop, commissioned this day at Dovonport.
Paymasters.— Robert A. Cumming (1851), to the
Racehorse ; William T. Biddlecombe (1852), to the
Vixen, paddlewheel steam-sloop, on the south-east coast
(of America station.

Acting-Mate.—William F. Gollock (1852), in the
Blenheim, 60, screw steam guard-ship is appointed mate
of that ship.
Second Master.—William H. Fawckner (1850), re-
cently additional to the Phoenix screw steam-sloop, for
service in the transport, to the St. George, 120, guard-
ship of ordinary at Devonport.
Mr. Stuart, Government pilot here, received intelli-
gence to-day of the death of his son Mr. Richard 0.
Stuart, who went out as master to the Trafalgar, 120 on
the Mediterranean station. Mr. R. 0. Stuart was re-
cently invalided from the Trafalgar when in the Bay of
Besika, and died at Malta, on his way home to England.
The launch of the Majestic, 80, screw steam-ship, is to
take place at Chatham Dockyard at a quarter before 12
at noon on Thursday, Dec. 1. When launched she is to
be fitted with engines of 400-horse power.
An accident occurred in the carriage department of the
Royal Arsenal on Saturday last, nearly similar to the
accident to a convict at the sawmills in the dockyard.
It appears a wheeler, named George Grant, while step.
ping over a oircular sawframe when it was in motion,
slipped, and before he could recover himself the saw took
his right foot off a short distance above the ancle. He
was immediately conveyed to the Military Hospital,
where amputation of the remaining part of the leg took
place just below the knee. It is so far satisfactory that
he is doing well.

SPORTING NOTES.

THE BETTING-HOUSE BILL.

The Bill for the Suppression of Betting-houses will
come into operation on Thursday next. The principal
list proprietors have, however, anticipated its purpose,
and have displayed an emulous alacrity in relinquish-
ing—for the nonce, perhaps—their profitable employ-
ment. Almost the entire range of shops on the
south side of Cranbourne-street is closed, and Far-
ringdon-street [presents at frequent intervals patches
of a blank desolation. This general and simultaneous
closing movement shows the hollowness and worthless-
ness of the many-suggested expedients by which the law
may be rendered inoperative, and the list-business
maintained on the old system. The most reck-
less adventurer will scarcely dare adopt them even
in a modified form. The bill pronounces bet-
ting-houses to be " common nuisances, and contrary
to law," and provides most severe and effectual measures
for their suppression. Still various interpretations have
been put upon this act, and a studied determination has
seemingly been evinced to place a construction upon it,
contrary to plain reason and common sense. Any person
who devotes five minutes to an impartial perusal of its
clauses, will discover its adaptibility to the purpose of
the Legislature, and it is now useless to defend or con-
demn the injustice orinconsistencies of the measure.
The bill, perhaps, bears with undeserved severity on a
large and respectable class of people, and some of its
clauses may be arbitrary and oppressive, but some such
measure was unquestionably required to prevent that
" demoralisation of improvident persons" which was in-
disputably the tendency of certain betting-offices, and
for which it was principally enacted.
" Lists" supplied needy adventurers with easy means
and ready facilities for deceiving and robbing the public,
and suppirted in idleness and dissipation crowds of
worthless characters. These fellows brought disgrace
and odium on the entire body of list-men, many of whom
are respectable members of society, benevolent in their
actions, and honourable in their dealings. Time will,
perhaps, show that they will have cause for congratula-
tion in the passing of the Betting House Bill.
This " odious measure " will neither check nor divert
the legitimate sources of speculation. Opinions on this
subject, however, widely differ ; many persons main-
taining that it will be illegal to open subscription rooms
for the purpose of betting. But if this conclusion be
sound, then will Tattersall's and the London Club be
illegal, and must be pronounced "common nuisances,
and contrary to Law." But neither the spirit nor
the letter of the law supports this conclusion ; in
fact, the whole intent and purpose of the bill appears
me to be to prevent the receiving indiscriminately from
all sorts of people, " either directly or indirectly, of any
money, or valuable thing, as a deposit on any bet, on
condition of paying any sum of money, or other valuable
thing, on the happening of any event or contingency of.
or relating to, a horse-race, or any other race, or
any fight, game, sport, or exercise, or as, or for, the
consideration for any assurance, undertaking, promise,
or agreement, express or implied, to pay or give there-
after, any money or valuable thing, on any such event
or contingency." To assert that the act extends further
would be preposterous ; it does not make betting illegal,
and therefore it has no power to prevent any number of
persons from assembling and betting among themselves.
Indeed, until the late act of Victoria (sec. 8 and 9 Vict.,
109, s. 15), wagers above a certain amount were de-
clared to be illegal by statute ; now, however, the ille-
gality no longer exists, and, therefore, betting on a race
may now be practised to any extent without any penalty
being incurred.
, Nov. 29. A FRESH MAN.

when H.M. steamer Hermes arrived, and a party,
headed by Mr. Williams, a midshipman, who had come
off from the ship to explore the country in search of the
survivors, came upon their "settlement." As may be
imagined, the arrival afforded much joy to the poor fel-
lows, who, from the position of the island, had given up
almost all hopes of being taken off.
Of the wreck of the Lady Evelyn not a vestige re-
mained. It is understood that she was insured, but not
to the extent stated. Nearly the whole of her crew were
shipped in London, and many of them have left families.

FROM THE LONDON GAZETTE of YESTERDAY.

PROROGATION OF PARLIAMENT.
At the Court of Windsor, the 25V-1 day of November,
1853, present, the Queen's most excellent Majesty in Coun-
cil. It is this day ordered by her Majesty in Council that
the Parliament, which stands prorogued to Tuesday the
29th day of November instant, be further prorogued to
Tuesday the third day of January.
FOREIGN-OFFICE, Nov. 28.
It is hereby notified that the Earl of Clarendon, her
Majesty's Principal Seeretary of State for Foreign Affairs,
has received from Monsieur Charles Baudin, First Secre-
tary to the French Embassy (in the absence of the Am-
bassador), a note, dated the 23d inst., stating that the
Minister of Marine has announced to the Minister for
Foreign Affairs that, in conformity with the orders of his
Imperial Majesty, Captain Baudin, the Commander-in-
Chief of the French naval forces on the west coast of Africa,
has declared that part of the coast which extends from the
left bank of the Grand Lahou to the right bank of the
river Assinee to be in a state of blockade ; that the force
at the disposal of Captain Baudin will render this blockade
effective, and that it was to be carried into execution from
the 25th of September last.
DOWNING-STREET, Nov. 26.
The Queen has been pleased to appoint William Lons-
dale, Esq., to be Colonial Treasurer for the Colony of
Victoria.

Her Majesty has also been pleased to appoint Edward
Stephens, Esq., to be a Member of the Legislative Council
of the Colony of South Australia.

WHITEHALL, Nov. 26.
The Queen has been pleased to direct letters patent to
be passed under the Great Seal for appointing Henry
Cadogan Rothery, Esq., M.A., Registrar of the High
Court of Admiralty of England, to be Registrar of her
Majesty in Ecclesiastical and Maritime Causes, in the room
of Henry Birchfield Swabey, Esq., resigned.
WHITEHALL, Nov. 28.
The Queen has been pleased to appoint David Mure,
Esquire, Advocate, to be Sheriff of the Shire or Sheriff-
dom of Perth, in the room of James Craufurd, Esquire,
her Majesty's Solicitor-General for Scotland.
WHITEHALL, Nov. 29.
The Queen has been pleased to appoint the Right Hon.
Sir John Romilly, Knt., Master of the Rolls of her Ma-
jesty's High Court of Chancery ; the Right Hon. Sir John
Jervis, Knt., Chief Justice of her Majesty's Court of Com-
mon Pleas ; the Right Hon. Sir Edward Ryan, Knt. ;
Charles Hay Cameron, Esq. ; John M‘Pherson M'Leod,
Esq. ; John Abraham Francis Hawkins, Esq. ; Thomas
Flower Ellis, Esq. ; and Robert Lowe, Esq.—to be her
Majesty's Commissioners in England to examine and con-
sider the reform of the Judicial Establishments, Judicial
Procedure, and Laws of India.

OFFICE OF ORDNANCE, Nov. 29.
Royal Regiment of Artillery—Second Captain Henry
Lempriere to be Captain, vice Warburton, retired on full
pay ; First Lieutenant Henry Heyman to be Second Cap-
tain, vice Lempriere ; Second Lieutenant William Carey
to be First Lieutenant, vice Heyman, Nov. 29.
Corps of Royal Engineers—Second Lieutenant John
Mervin Cutliffe Drake, with temporary rank, to be Second
Lieutenant, with permanent rank, Dec. 17.
COMMISSION SIGNED RY THE LORD-LIEUTENANTS.
sth or Royal Elthorne Light Infantry Regiment of Mid-
dlesex Militia—Deane John Hoare, Gent., to be Lieute-
nant, vice Duff, resigned, Nov. 11.
Royal Brecknock Rifle Regiment of Militia—William
Robert Brereton, Esq., late Captain in the 70th Infantry,
to'be Captain, Nov. 25.
East Kent Regiment of Yeomanry Cavalry—Major Wil-
liam Deedes to be Lieutenant-Colonel Commandant ; Cap-
tain Sir Edward Cholmely Dering, Bart., to be Major,
vice Deedes, promoted, Nor. 20; Lieut. Charles Manners
Lushington, Nov. 20; Lieut. Narbrough Hughes D'Aetb,
vice Sir Brook Win. Bridges, Bart., resigned,Nov. 21; Cornet
Philip Oxendon Papillon, Nov. 22 ; Matthew Bell, Esq.,
Nov. 23, to be Captains.—Cornet Francis Colville
Hyde, vice Fairman, deceased, Nov. 20 ; William Oxen-
den Hammond, Gent., vice D'Aeth, promoted, Nov. 21 ;
Thomas Henry Mackay, Gent, Nov. 22 ; Edward Leigh
Pemberton, Gent., vice Lushington, promoted, Nov. 23 ;
Charles Pemberton Carter, Gent, Nov. 24, to be Lieuten•
ants—Edward Twopeny, the younger, Gent., vice Hyde,
promoted, Nov. 20; John Featherston Briscoe, Gent.,
vice Papillon, promoted, Nov. 22, to be Cornets—James
Beatie, Gent., vice Sicard, resigned, Nov. 20, to be
Surgeon.