The Sun.
London, England, 1854-01-20 00:00:00

THE PACIFIC MAILS.

PLYMOUTH, J. 19.
Her Majesty's ship Thetis, 40, Captain Kuper,
arrived in the Sound this morning from the Pacific
station ; she left Valparaiso Oct. 10, arrived at Rio
Nov. 9, and left for England on the 26th.
She brings no news of importance.
The Portland, flag-ship, was at Valparaiso. The
Dido sailed from that place Sept. 27 for Pitcairn's
Island. The Star and Stromboli were at Rio. The
Bonetta was going into Rio, Nov. 26.
The Thetis brings home about $1,000,000 on
merchants' account, from the Mexican coast.
Lieutenant Arthur Sansum died on the 12th of
April last ; and Mr. W. R. Plummer, her clerk,
was drowned at Vancouver's Island, Aug. 26,
1852.

Mr. Cave, second master of the Bonetta ; Mr.
Mitchell, clerk of the Dido ; and Dr. .Ramon
Fraire, Chilian officer, appointed consul at Paris,
have come home in the Thetis.
The Thetis, though commissioned at this port,
will in all probability sail for Portsmouth to land
her freight and be paid off there.

LAW INTELLIGENCE-(THIS DAY.)

SHERIFFS' COURT.
(Before ,111 r. Ogle, Q.C.)
SMITH V. TOUNGHUSBAND.

The plaintiff in this action is a meat and poul try
salesman in Newgate-market, and the action was
brought to recover the sum of 91. 10s. for a quantity of
turkeys, and other Christmas cheer which bad been
consigned to him for sale. The defendant is the well
know carrier.

Mr. W. R. Buchanan stated the case for the plaintiff,
and it appeared that two cases had been directed to the
plaintiff, who was well known in the market, but the
defendant never having asserted that they could
not find the plaintiff the poultry was sold as
"perishable articles." Mr. Buchanan contended
that even supposing the plaintiff could not have been
found at the moment there, the defendant had no right
to sell within a few hours, as they could not have known
the contents of the cases so as to discriminate whether
they contained perishable articles or not ; but in this
case it would be shown by evidence that the plaintiff
was well known in the market, and although he, as
many others, took places in the outlets in consequence
of the increase of business and the necessity of an en.
largement, they were still considered to be within- the
market—therefore there was no excuse for the non.
delivery.

General evidence was given of the transit of the goods
and of the ultimate disposal ; and it also appeared by
the evidence of the beadle of the market that he had
known the plaintiff occupying standings, sometimes in
his own name and sometimes in conjunction with
another, and that it was customary for more than one
dealer to trade in the same shop. Plaintiff had been
several years in the habit of attending the market.
His Honour said that the only thing he had a doubt
of was the value of the turkeys, for he once had the
curiosity to visit Leadenhall market at Christmas time,
and he found the prices ranged from 2s. 6d. to 30s. each.
Mr. Buchanan said he should be satisfied at his
Honour taking the midway price. (Laughter.)
Defendant's solicitor quoted a ctse in which it had
been ruled that when the value of an article was not
defined in evidence, the estimate ought to be on the
lowest scale.

His Honour said that he knew of a case in which a
jeweller took a diamond out of a ring and it was lost;
in that case the jury were told to take the best idea they
could of the size of the stone and attach the highest
value to it. He, sitting as judge and jury, would take
as a data the sum actually realised, and divide the diffe-
rence. His judgment would therefore be for 7/. 7s.
Even the losers appeared satisfied that the judgment
was equitable as to amount, although they considered
that it had upset a custom.

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