The Sun.
London, England, 1854-11-06 00:00:00

irttrb libittoni

SUN OFFICE, Seven o'Clock.

TATTERSALL'S.

(THIS EVENING.)

DERBY.
10 to 1 agst De Clare (offered).
12 to 1 agst GrEeoulus Esuriens (taken).
12 to 1 agst St. Hubert (taken).
17 to 1 agst Oulston (taken).
20 to 1 agst Wild Dayrell (taken).
40 to 1 agst Affghan (taken).
40 to 1 agst Prince of Wales (taken).
40 to 1 agst Frederick (taken).
40 to 1 agst Westminster (taken).
40 to 1 agst Polydora colt (taken).
No betting on the Liverpool events.

ARRIVALS AT LIVERPOOL.
Hazlenut, Rabgill, Cabin Boy, Grapeshot, Maid of
Team Valley, Merry Bird, Domino, Maid of Tees, Bod-
dicot, General Breezo, Lady Tatton, Fanny Fern, Ben-
hams, Fairfield, Banbury, Spring, Tom of Tuam,
Crabbs, and Lincoln ; besides those trained at Aintree:

SPAIN.

Our accounts from Madrid are of the let inst.

It was not true that General San Miguel in-
tended to resign the post of Inspector-General of
the National Militia; that the latter was about to
publish a manifesto ; or that M. Alonso, Minister
of Grace and Justice, was to resign his seat in the
Cabinet. The Ipoca had announced that a Carlist
conspiracy had been discovered at Pampeluna.
There was, however, no truth in that statement.
The Government had been informed that some in-
dividual pourparlers had taken place, but that no
immediate outbreak was contemplated. The Carlists
are biding their time, and will only raise the
Standard in the event of the dethronement of the
Queen, her abdication, or the suspension of the
prerogatives of the Crown.
The Democratic party it was said were preparing
a more or less peaceabie demonstration before the
opening of the Cortes, in order to influence, if pos-
sible, their deliberations. The Government, how-
ever, has at its disposal a sufficient force to main-
tain order, and it is determined to repress such an
attempt with energy.
It is reported that Generl Allende Salazar will
resign the Portfolio of Marine shortly after the
meeting of the Cortes, being anxious to discuss and
maintain with perfect liberty the political opinions
and ideas he professes.

After the presentation of the officers of the
National Guard, 250 in number, to the Queen, by
General San Miguel, 70 re-entered tie hall, and
warmly protested their devotedness to the person
and dynasty of her Majesty.
Count de Via Manuel, Grandee of Spain, who
had just returned to Madrid from Bayonne, bad
been murdered by his coachman. The unfortunate
young man leaves a widow, daughter of the Duke
de Gor, and three children. He was the son of
Count de Via Manuel, who was shot by order of
Zumalaaarregui, during the civil war.
It being the festival of All Saints the Bourse
was closed.

SPORTING NOTES.

LOOK OUT AT LIVERPOOL.

Not a scrap of intelligence is to be picked up respect-
ing the meeting which will take place to-morrow and
Wednesday at Liverpool. Net even a rumour of the
vaguest description is in circulation relative to the sport.
Two opinions only exist as to the gathering ; one is to
the effect that if the weather be fine tie sport will be
tolerably attractive ; the other is, that if the skyey influ-
ences be unpropitious, few people will care about ex-
posing themselves to the damp and cold to witness the
nieu2g._

Mi:: Topham has certain done his best to compile an
attractive programme, and he deserves well of the
Liverpudlians for the pertinacity with which he adheres
to Aintree, and the determination which he evinces to
get up sport of some sort there. Ten events are ap-
pointed for decision during the two days, the steeple-
chases, of course, presenting one of the most prominent
I' features" in the list of sport. I shall indulge in no
elaborate speculations on tie " probable results," for'
indeed, the subject is surrounded by no little uncertainty
and mystification. I will, however, briefly state what
I think. The Croxteth Welter Cup, then, ought to be
carried- off by Titterstone, Morning Star, or Hazlennt.
Of the thirty-nine animals weighted for the Sefton Han-
dicap the most noteworthy are Grapeshot,Maid of Team
Valley, Grand Inquisitor, Ammonia, Neville, and
Seducer. From this lot I should, were I certain of a
start, select Grapeshot and Ammonia against the field.
The Cock of the North shall do battle for me for the
Tyro Handicap, albeit at the last moment inclination
may compel me to cap to the Maid of Cadiz.
Were Alonzo in form, he would doubtless be a f)r-
raidable competitor for the Aintree Plate, but as I am
in doubt as to his condition, I shall stand on Catherine
Parr, Ulster, and Roebuck. The " jumpers" are too
clever for me. As the Man in the Street says, I will
not attempt to determine what their game may be ex-
clusive of plunder.

A FRESH MAN.

November 6.

LAW INTELLIGENCE.-(THIS DAY.)

QUEEN'S BENCH.
BARLEY V. D.INKS.
Sir F. Thesiger applied to the Court for a rule to show,
cause why a nonsuit should not be entered in this ca3e,
or a new trial had on the ground of excessive damages.
This was an action for falsely and maliciously procuring
the plaintiff to be adjudged a bankrupt ' • and on the trial
at the last Stafford assizes the jury found for the plain-
tiff, damages 5001, The plaintiff was a publican and
plumber and glazier, carrying on business in Staffer--
shire ; and the defendant was a timber merchant, resid-
ing in the same county. In July, 1852, the defendant
alleged that the plaintiff was indebted to him in the sum of
96/., aid he proceeded under the Bankruptcy Law Con-
solidation Act to make an affidavit before a Bankruptcy
Commissioner, for the purpose of procuring a debtor's sum-
mons against Farley. The summons was returnable on
the 14th ofAugust, and on that day Farley appeared before
the commissioner, and admitted part of the debt which
the defendant claimed, but disputed the residue, stating
that he had a good defence on the merits. The same
evening, after the hours of business, Farley, as he alleged,
called upon Desks and paid him the 851. lls. 10d.,
which Danks received in discharge of his claim ;
but on the other hand Danko always asserted
that although it was perfectly true that Farley
called upon him, yet he refused to receive the
money, because he had placed the whole matter in his
lawyer's hands. Seven days after that transaction
Farley was 'adjudicated a bankrupt on the application
of Danks, but the case was subsequently taken before
the Lords Justices, who superseded the bankruptcy, and
directed an issue to be tried to ascertain whether there was
a debt due from the plaintiff to the defendant or not.
The result of that issue was a verdict in favour of Farley,
and, fortified by that decision, he commenced the present
action, which ended in his obtaining 5001. damages. It
was now contended, however, that the action could not
be maintained, and for this reason : it was insisted that
inasmuch as the bankruptcy proceedings were instituted
in a Court of Record, the act of making the plaintiff a
bankrupt was the miscarriage of the commissioner, and
the defendant was no more liable for the consequences
than if he had gene before a magistrate and made a state-
ment which, thought not sufficient to warrant a con-
viction or a charge of felony, should induce
the magistrate to issue a warrant against the
third party alleged t. be implicated in the matter.
Danks had stated nothing but what was true, but still,
as Farley had committed no act of bankruptcy, the
commissioner made a mistake in adjudging him to be a
bankrupt, bit for that mistake Danks could not be held
liable in law. With regard to the question of damages,
they were, the learned counsel urged, clearly excessive,
and they would not have been awarded by the jury had
it net been erroneously stated on the trial that Farley
had been put to. an expense of 4001. in defeating the
bankruptcy.
The court granted a rule nisi upon the first point,
emee-erme