The Sun.
London, England, 1854-06-07 00:00:00

CRICKET.

NOTTINGHAM v. ALL ENGLAND.
This match was resumed yesterday at Lords, and at
the close of the game the score stood thus :

INGLAND.
First Innings,
W. Nicholson, Esq., c Brown,
b Bickley
Dean, cC. Tinley, b Bickley 25 c Grundy, b Bickley 0
A. Haygarth, Esq., b Bickley 9 cF. Tinley, b Clarke 6
Caffyn, b Clarke
Ciesar, Ibw, b Bickley
H. Vernon, Esq., b Tinley l9 b Clarke
Anderson, c Bickley, bF. Tinley 18 c Grundy, b Brampton 21
Lockyer, absent
Adams, st Brown, b Clarke .., l3 cA. Clarke, b Clarke 9
Wisdeu, not out 25 not out
Buttress, b Clarke '2 b Clarke ' 5
Byea 2, leg byes 4, no ball 1 7 Byes 4, leg byes 3,

Second Innings.

no ball-2 - - 9

Total 159
NOTTINGHAM.

--
Total 117

First Innings, Second Innings,
A Clarke, b Buttress
It. C. Tinley, b Buttress
S. Parr, c Lockyer, b Buttress 35 run out 1
G. Parr, c Vernon, b Buttress.. 39 b Wisden 55
Davis, b Buttress 0 run out 4
Brampton, run out 1 c Wisden, b Buttress 4
Grundy, b Buttress 6 run out . 1
Bickley, c Nicholson, b Wisden 0 b Buttress
F. Tinley, c Haygarth, b Buttress 0 not out
C. Brown, not out
Clarke, b Wisden 0 b Wisden 2
Byes 5, leg bye 1

Total 115
England thus won by 59 runs.

Total 102

HEALTH OF LONDON DURING THE WEE.

(Front the Report of the Registrar-General. )
The weather has been colder than is usual at the be-
ginning of June, and the rate of mortality has been
high, and is still above the average. The present return,
however, exhibits a reduction in the deaths ; the num-
bers in the two previous weeks having been 1,188 and
1,143, and that of the week that ended last Saturday,
1,090. During the sit weeks that have elapsed since
the 22d of April, the mean weekly temperature has
been always below the average.
In the ten corresponding weeks of the years 1844-53,
the average number of deaths was 915, which, if raised
in proportion to increase of population, becomes 1,007.
The actual number of last week, therefore, exceels the
estimated amount by 83.
Last week the births of 789 boys and 735 girls, in all
1,524 children, were registered in London. In nine
corresponding weeks of the years 1845.53, the average
number was 1,392.
At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 29'658 in.
The barometer rose to 29'84 in. by 9 h. p.m. on the 31st
of May. The mean temperature of the week was 52.3
deg., which is 4.1 deg. below the average of the same
week in 38 years. The mean temperature was below
the average throughout the week ; it was 7'3 deg. be
low it on Monday, and 5.3 deg. and 6 de:. below it on
Friday and Saturday respectively. The highest tem-
perature in the week was 70'3 deg. on Thursday ; the
lowest was 40'8 on Monday. The mean dew-point tem-
perature was 48'4 deg. ; and between this and the mean
air temperature the difference was 3.9 deg. The wind
blew from the south-west on the first four days, and
from the north-east the rest of the week. The amount
of rain that fell was 0.91 in., more than half of which
fell on Monday.

MORTALITY IN THE METROPOLIS.
NUMBER OF DEATHS FROM ALL CAUSES REGISTERED

IN THE WEEK ENDING SATURDAY, JUNE 3.
Zymotic Diseases
Diseases of Uncertain Seat
Tubercular Diseases
Diseases of the Brain, Nerves and Senses
Diseases of the Heart and Blood-vessels
Diseases of the Lungs and other Organs of
Respiration . l5l
Diseases of the Stomach, Liver, and other Organs
of Digestion
Diseases of the Kidneys, &c.
Childbirth, Diseases of the Uterus, &c.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &c.
Malformations 4
Premature Birth and Debility 4l
Atrophy
Old Age
Sudden 3
Violence, Privation, Cold, and Intemperance l5
Causes not specified

DEATHS FROM ALL CAUSES
Population Deaths in cone- Deaths
Enumerated. sponeling week in the
1851. of 1853. Week.
West Districts
North Districts 490,396
Central Districts 393,256
East Districts 485,522 ...... 255
South Districts

Totals
Males
Females

1,123
5611,090
529

BIRTHS IN THE WEEK
Males
Females

Total
„1,.....,

LATP INTELLIGENCE 4

COURT 011 QUERN'S BENCH—JUNE 5.
LUMLEY V. GTE—JUDGMENT.
Mr. Justice Erle—lt appears to me that this rule
must be discharged. As to the first question, whether
the verdict was against the evidence, I do not find ttny
satisfactory reason for saying that the jury came to
a wrong conelusion, Thle was an action for inducing
' Mademoiselle Wagner to break a contract with the
plaintiff, into which she had entered, and which the
defendant knew at that time to he a subsisting con-
tract. The material question was whether he knew the
contract to be a subsisting contract when he entered into
his contract with Mdle. Wagner to retain her services
for his theatre. With respect to that evidence there
I may arise some presumptions against the defendant, but
there is considerable evidence on his side to be regarded.
The original contract with the plaintiff stipulated that
there was a sum of 3001. to he paid by him on the
15th of March. It was held by the judges that that
was a condition precedent, and that if the sum was not
paid by the day stated, she would have a right to say that
the contract was broken, that the plaintiff had broken
his contract, and that she was free. And this was, in
effect, what she did say. The original contract might,
therefore, be taken to have been broken ; and if that
was known and nothing else, the defendant knew
nothing but that, though there had been a contract, that
contract was broken, and she was free. But the original
contract was not alone to be regarded. It was to be per-
formed by other sides within a certain time. She applied
for an extension of time in her favour for a fortnight.
The time for the payment of the money was in like man-
ner extended for a fortnight. A letter was written by
her father at the time, the real import of which was
that a further time for payment of the money was al-
lowed. So that it was clear that the original contract,
though not in terms complied with by either side,
was then recognised' as subsisting. But what evidence
was there there that these things were known by the
defendant. On tho part of the defendant there was posi-
tive evidence that he did not know them. In one of his
letters he said, "If you are bound by the contract,
that must be performed ; but pray let me see what it
is, and whether you can make one with me." The
offer of an indemity, which has been much relied on
by the plaintiff, does not much affect the case ; for,
considering that: there had been negotiations and that
there had been a contract, and considering that the
plaintiff was in difficulties, although the defendant
might believe the contract to be quite at an end, still he
might offer an indemnity to Mdlle. Wagner to remove
all fear or. her part as to her entering into another con-
_ tract with him. The defendant was not responsible un-
less he knew the contract between Mdlle. Wagner and
the plaintiff to be a subsisting contract at the moment
he entered into a contract with her. The jury had
found that he did not know that. The jury had care-
fully considered the question, and he (Mr. Justice
Erie) could not say that on the evidence adduced at
: the trial that decision was a wrong one. The
next ground on which the application for a new
trial was founded was, that certain letters were
put in by the defendant which were inadmissible.
Those were letters which showed that a previous treaty
had been going on between the defendant and Made-
moiselle Wagner before the time which we are now
considering. The letters were said to be tendered in
evidence in mitigation of damages, in the way of forming
a kind of set-off to the claim of the plaintiff through
the misconduct of the defendant, and the injury sus-
tained by him. The letters were properly admissible
in evidence, and being admissible, the judge had no
power to say to what use they might be applied by the
arguments of the counsel. On both grounds, therefore,
I am of opinion that the rule ought to be discharged.
Mr. Justice Crompton expressed himself entirely of
the same opinion.
Lord Campbell—l am likewise of opinion that the rule
ought to be discharged. With respect to the supposed
improper admission of evidence, I thought and think
that I should not have been justified in excluding the
evidence ; but I beg it to be understood that I did not
admit it nor think it admissible with a view of showing
the improper conduct of the plaintiff or his agent, Becher,
or with the view of mitigating the damages. It is no
answer to the action in that respect, nor can it be used
in mitigation of damages. If he wilfully induced
her to break her contract with the plaintiff, know-
ing at the time that that contract existed, the da-
mages could not be enhanced or mitigated by such
evidence. But that letter was clearly part of the
transaction, and the jurymen would not have been
in a fair situation to come to a right conclusion
if that evidence had been excluded. On the
part of the plaintiff the cause was begun by showing
negociations with her in 1850. It was a mate-
rial and a necessary part of the transaction to see what
connection there was between the defendant and Mdlle.
Wagner before the contract was entered into between
her and the plaintiff, and before the breach of that
contract was committed. I quite agree with the illus-
tration of the materiality of this evidence given by the
other side, when it was said that it was most material
to take away the effect of the powerful arguments put
forward on the part of the plaintiff to show the impro-
bability and the incredibility of the evidence given by
the defendant as to his starting for Berlin at the very
commencement of the season at his own house. All
that which was strongly urged as springing from the
recent celebrity of Mdlle. Wagner was well explained
when it turned out that the defendant had been before
in negotiation with her at a time when nothing stood
in the way of an engagement with her. The evidence
was most material for ascertaining the real truth of
the case. lam proud of the superiority of the admi-
nistration of the law in this country, where we are
confined to an investigation of the facts really in issne,
and we are kept to the consideration of the real ques-
tion to be tried, and I have been shocked at witnes-
ing trials in foreign countries where all the acts of a
man, and all the rumours against him for any number
of years past, are made the subject of inquiry without
his being in the least degree warned of the sort of inquiry
that is to be entered' upon. I say lam shocked at
that mode of proceeding ; but, on the other hand, I
would not exclude evidence of what really relates to
matter of fact in a former part of the same trans-
action. Then, as to the question of contradictory
evidence, I refrained from expressing to my learned
brethren on the bends any opinion of mine upon
this question. Front the beginning of the argu-
ment till now I have said nothing about it, though
I never entertained any doubt upon the subject. As
to that evidence I may now say that I am satisfied
with it, and that I never was dissatisfied with the ver-
dict. If the defendant was to be believed, the jurors
were justified in the verdict they gave, for he showed
that he had acted bona fide. I have no difficulty in
saying that an action of this sort is maintainable, but it
must be where the defendant has acted in bad faith
knowingly, and with malice ; that is, not with that ma-
lice whch means the intention to inflict an injury on
another party, but with the full knowledge that the act
done is unfair, improper, and wrong. If the defendant
was to be believed, he acted throughout in good faith.
There was a representation made to him by Wagner.
that Mdlle. Wagner was free, which representa-
tion he believed and acted upon. There are circum-
stances to show that he did bona fide entertain that be-
lief ; and in such a case it is not sufficient for a man to
say " I believed," but he must show circumstances
which afford a reasonable ground for his alleged belief.
He did show circumstances of that sort, and the
jurymen thought them to be sufficient. If that
was so, then he was not guilty of any wrong. The
evidence on the other side was most powerfully pre-
sented to the jury, the verdict was come to after a
deliberate conclusion, and I cannot say that that ver-
dict ought to be disturbed. The jurymen believed
the defendant, and the defendant was not contradicted
by any positive evidence. It is a good practice that
there should be in the courts a controlling power to sub-
mit a case to the consideration of a second jury ; but
where there is conflicting evidence the constitution has
wisely placed in the hands of a jury the function of de-
ciding which of the two opposing parties is in the right.
The jury here, as I said before, believed the defendant,
and I am not prepared to say that the decision was a
wrong one. lam happy to think that there is now an
end of this litigation.
Rule for a new trial discharged.

MR CLIMATE OF BULGARIA DESCRIBED BT OVID.—A
French officer of the Black Sea fleet writes : " It was
long thought that Varna stood on the site of Odessus,
but an inscription recently found on the spot has estab-
lished that it is the ancient Tomi, celebrated as the place
of Ovid's exile. Varna, or Tomi, does not appear to
have changed its climate or atmospheric conditions
since Ovid's time ; and the poet might still address
to the Bulgarians such lines as the following, which
read as if written yesterday :—' 0 Tomitans, you
feel for my misfortunes ; your sympathy proves
you to be Greeks. Yes, I love you, Tomitans, but
I abhor your country. I complain of the cold ; I
complain of the incursions ever to be apprehended
from every side ; and I complain that your walls
are incessantly insulted. The Sarmatians surround us.
So long as the weather is mild the Danube serves as a
harrier. But when sad winter shows his horrible aspect,
and when the whitened earth is but an icy surface,
hard as marble, a barbarian enemy, borne by a rapid
and well-guided corser, ravages the country, throwing
from afar his winged arrows. All flee ; and, in the
defenceless plains abandoned wealth becomes the prey
of the barbarian. Flocks, waggons, all the goods
of the unfortunate farmers—all disappear. Some of
the inhabitants are led away, their hands tied behind
their backs, and cast a last look at their dwellings; others
fall, struck by deadly darts. The fear of war makes
men tremble even in time of peace. In this spot, either
an enemy, or the fear of an enemy, is ever present.
Here the north wind blows with such force that it carries
away the roofs of houses, and overturns the highest
towers. In winter the cold is such that the face cannot
be exposed uncovered. The frozen hair jingles like
metal ; the breath, congealed in the beard, turns to
icicles. On the stiffened wave the hoofs of horses re-
sound ; and across this wonderful bridge over rolling
waters, the Sarmatian bullocks bring down upon us the
barbarian chariots. I have walked upon the hardened
waves, and my icy feet have not been bathed in
water.' " • i

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Sold by all druggists, and as Professor Holloway's, 241,
Strand.

I , LONDON GAZETTE OF LAST NIGHT.

Witt OFFICE, RINE G.
MEMORANDUM. —uric. Majesty has boon pleased to
approve of all first appointments of Gentlemen to Commis-
sions in the Fusilier and Rifle Regiments being In future
made in the rank of Ensign and not Second Lieutenant WI
heretofore, which latter grade is abolished prospectively
from this date ; and her Majesty has been further pleased
to approve of the Subalterns in the 7th Fusiliers, consist-
ing prospectively of the same number of Lieutenants and
Ensigns as in other regiments of infantry of the line, and
lot of Lieutenants only as heretofore.

COMMISSIONS SIGNED BY LORD LIEUTENANTS.
Denbighshire Yeomanry Cavalry—Captain Charles Tot-
tenham, late of 2d Life Guards, to be Second Major, with-
out pay, June 1.
Royal Anglesey Militia—Thomas Love Duncombe Jones
Parry to be Capt., vice Richard Trygam Griffith, resigned;
Win. Hugh Thomas, Gent., to be Ensign, vice Owen Lewis
Cope Williams, resigned, May 29.
Ist Regiment Derbyshire Militia— Thomas Peach, Gent.,
to be Lieutenant, June 1.

South Durham Regiment of Militia of the County of
Durham—Archibald Hamilton Cochrane, Esq., to be Cap-
tain, May 27.
Kent Militia Regiment of Artillery—Randal Howland
Roberts. Gent., to be Second Lieutenant, May 27 ; John
Wingfield Malcolm, Gent., to be Second Lieutenant, May
28.

Royal Berks Militia—Ensign Rich'rd William Shackel
to be Lieutenant, May 27 ; George William Bacon, Gent.,
to be Ensign, May 26.
North York Rifle Regiment of Militia—Second Lieu-
tenant Charles Sidney Bradley to be First Lieutenant, vice
Woolsley, resigned, June 1.
Brecknock Royal Rifle Regiment of Militia—Robert
Hallowell Carew, Esq., late 36th Regiment, to be Captain,
vice John Penry Williams, Esq., resigned, May 3').
2nd Regiment of the Duke of Lancaster's Own Militia—
Ensign Charles Garraway, to be Lieutenant, Jane 1 ; and
John Pennefather, Gent., to be Lieutenant, June 2.
Royal Cumberland Regiment of Militia—Frederick
Brandreth, Esq., to be Lieutenant-Colonel, vice Wilson,
who retires, retaining his rank, May 24.
Royal Pembrokeshire Artillery Corps of Militia—Antony
Stokes, Esq.; Charles Cook Wells, Esq., to be Captains;
Owen Tucker Edwardes, Gent., to be First Lieutenant,
June 3.

Royal South Gloucester Light Infantry Regiment of
Militia—Thomas Morse, Gent., to be Ensign, Juno 2.
West Essex Militia—Captain Robert Augustus Hankey
Hirst to be Major, vice Robins, resigned, May 30.
The Essex Rifles—Charles Edward Blair, Gent, to be
Assistant-Surgeon, April 16.
sth or Royal Elthorne Light Infantry Regiment of Mid-
dlesex Militia—Charles Lewis Packo, Gent., to be Ensign,
May 27.

BANKRUPTS.
James Lamerton and James Galsworthy, builders,
Queen's road, Peckham, to surrender, June 12 and July
20, at one, at the Court of Bankruptcy. Johnson. official
assignee, Basinghall-street ; Linklaters, Sise lane.
Thomas Potts, builder, Hove, Sussex, June 12 and July
20, at two, at the Court of Bankruptcy. Johnson, official
assignee, Basinghall-street ; Jones, Quality-court, Chan-
cery-lane.

Benjamin West, bookseller, Fleet-street, June 17, at one,
and July 22, at eleven, at the Court of Bankruptcy.
Whitmore, official assignee, Basinghall-street. ; G. and G.
H. Clark, Finsbury-place North.
Edward Shallis, grocer, Bedford-place, Commercial-road
East, June 13, at two, and July 19 at twelve, at the Court
of Bankruptcy. Stansfeld, official assignee ; Hill and
Matthews, Bury-court, Saint Mary-Axe.
James Macintyre, nurseryman, Taunton, June 15, and
July 13, at one, at the Exeter District Court. Hitzell,
official assignee, Exeter ; Rossiter, Taunton.

John Sayer, draper, Sheffield, June 17 and July 2/, at
ten, at the Leeds District Court. Brewin official assignee,
Sheffield ; Pye, Smith, and Whiteman, Sheffield.
Thomas Hodgson, draper, Leeds, Juue 16 and July 28,
at eleven, at the Leeds District Court. Young, official
assignee, Leeds ; Sale, Worthington, and Shipman, Man-
chester ; Richardson and Gaunt, Leeds.
Mary Thornton Steele, licensed victualler, Norland-road,
Notting-hill, June 17, at half-past one, and July 22, at
half-past twelve, at the Court of Bankruptcy. Whitmore,
official assignee, Basinghall-street ; J. and J. H. Linklater,
Size-lane, Bucklersbury.
Henry Simmons, boot and shoe maker, Northumberland-
place, Commercial-road, June 16, at two, and July 21, at
twelve, at the Court of Bankruptcy. Cannan, official
assignee, Aldermanbury ; Story, Great James-street, Bed-
ford-row.

Thomas Brook Bridges Stevens, commission Agent, Pall-
mall, June 20, at half-past one, and July 18, at one, at the
Court of Bankruptcy. Lee, official assignee, Moorgate-
street ; Emmet and Son, Bloomsbury-square.
Robert Alexander Kirkahly, stationer, Fenchurch-street,
June 20, at eleven, and July 18, at oue, at the Court of
Bankruptcy. Fdwards, official asstgnee, Sambrook-court;
Wright and Bonner, London-street.
John Jacob Hill, ironmonger, High Holborn, June 20,
and 18th July, at two, at the Court of Bankruptcy.
Official assignee, Edward Watkin Edwards, Sambrook-
court ; Lewis Wood, and Street, Raymond's-buildings.
Richard Clements, coal merchant, Westminster, June
14, and July 29, at twelve, at the Court of Bankruptcy.
Official assignee, William Pennel, Guildhall-chambers;
Messrs. Hilleary, Fenchurch-b uildings.
Abraham Moses Marbe, manufacturing chemist, Bir-
mingham, June 20 and July 13, at ten, at the Birmingham
District Court. Whitmore, official assignee, Birmingham ;
Motteram and Knight, Birmingham.
William Burrows, tailor, Leicester, June 23 and July
11, at ten, at the Birmingham District Court, Nottingham.
Harris, official assignee, Nottingham ; Spooner, Leicester.
Joshua Crowther and William Dickinson the younger,
general warehousemen, Manchester, June 19 and July 7,
at twelve, at Manchester District Court. Hernaman, offi-
cial assignee, Manchester; John and Barratt Whitworth,
Manchester.

William Bate, baker, Manchester, June 20 and July 19,
at twelve, at Manchester District Court. Fraser, official
assignee, Manchester ; Dawson, Manchester.
Lot Hampson, beer seller, Dukinfield, J une 19, and July
17, at twelve, at the Manchester District Court. Pott,
official assignee; Gartside, Ashton-under-Lyne; Slater,
Manchester.

Joshua WormaH (and not Joseph Normald,, as adver•
tised in last Friday's Gazette), shoemaker, Glossop, June
14, and July 6, at twelve, at the Manchester District
Court. Hernamann, official assignee, Manchester; Sale,
Worthington, and Shipman, Manchester.

DIVIDENDS DECLARED.
Sarah Clabbon, of Stapleford, Cambridgeshire, news-
paper proprietor, first dividend of 2s. Bd. in the pound,
payable at 25, Coleman-street, on Thursday, June 8, and
three subsequent Thursdays.
William Barnes, of Hungerford, auctioneer, first divi-
dend of 3s. 103/4d. in the pound, payable at 1, Sambrook-
court, Basinghall-street, on Wednesday, June 7.
Henry Chown, of 28, St. Swithen's-lane, wine-merchant
first dividend of Is. 3d. in the pound, payable at 1, Sam-
brook-court, Basinghall-street, on Wednesday, June 7.
George Franks, of 90, Blackfriars-road, surgeon, first
dividend of 2s. 4id. in the pound, payable at 1, Sambrook-
court, Basinghall-street, on Wednesday, June 7.
Nathaniel Mence, of Worcester, brewer, first dividend
of 3s. Bd. in the • pound, payable at 1, Sambrook-court,
Basinghall-street, on Wednesday, June 7.
Robert Baxter, of Wisbeaeh St. Peter, carrier, first
dividend of 33.3 d. in the pound, payable at 1, Sambrook-
court, Basinghall-street, on Wednesday, June 7.
William Wheeler, of Cleobury Mortimer, Shropshire,
miller, first dividend of ss. ld. in the pound payable at 7,
Waterloo-street, Birmingham, on any Thursday.
Joseph Thorne, of Leeds, dyer, first dividend of 2s. 4d.
in the pound, payable at 5, Park-row, Leeds, on any day.
H. Lewis and Co., of Halifax, wino-merchants, second
dividend of 34(1. in the pound, payable at 5, Park-row,
Leeds, on any clay.
William Brunton, of Bradford, joiner, first dividend of
ls. in the pound, payable at 5, Park-row, Leeds, on any
day.
William Thomas, jun., of Haworth, worsted spinner,
second dividend of 2s. 2d. in the pound, payable at 5,
Park-row, Leeds, on any clay.
James Hervey, of ldalifax, share-broker, second dividend
of Bd. in the pound, payable at 5, Park-row, Leeds, on
any clay.
Thomas Bartram, of Liverpool, slater, a dividend of 2s.
I?,d. in the pound, payable at 3, Lime-street, Liverpool, on
any Saturday.
Richard Warburton, of Liverpool, stone-mason, a divi-
dend of ls. Bd. i❑ the pound, payable at 3, Lime-street,
Liverpool, on any Saturday.
Thomas Denton, of Liverpool, glass-dealer, a dividend
of 74d. in the pound, payable at 3, Lime-street, Liverpool,
on any Saturday.
John O'Neill, of Liverpool, cabinet-maker, a dividend of
9.1,d. in the pound, payable at 3, Lime-street, Liverpool, on
any Saturday.
Michael lon, of Liverpool, stay-maker, a dividend of 7d.
in the pound, payable at 3, Lime-street, Liverpool, on any
Saturday.