The Sun.
London, England, 1853-05-05 00:00:00

we have a thunderstorm, with rain, though of short du-
ration. It is as yet much like an English summer,
though less varied perhaps. This is, however, but the
end of spring. In summer, an "old hand" tells me,
that it is as hot as though there were but a sheet of paper,
between you and —. People should not be led astray
in England by the news of a golden harvest as the reward
of digging in Australia. Long before they can possibly get
out, all the gold will have been found. Market gardeners
with a plentiful supply of seeds will do first-rate in this
colony. Cabbages are now is. each, and everything else
in proportion. Salt they sell here at is. the pound, and
the vilest of pickles 3s. 6d. the bottle. All diggers
without exception are agreed on one point—that by sink-
ing hole after hole you must come upon it some day.
We have sunk a dozen holes without success, as I have
'said, and are now working an unbottomed hole which
has, we are told, been tunnelled in three places. We
,shall have to shore it up and stand the chance of its fall-
ing through. We work up to the knees in water and
slush, and are becoming regular miners. I would
rather follow this life in the worst of weather, and with
but little pay, than sedentary employment in England. But
then you have the glorious and inspiriting hope of com-
ing upon pounds weight, who knows when, of the golden
metal. Not many, however, brought up like myself,
relish it. Don't be deceived. It is the imagination that
lends the charm. You work in the midst of most beau-
tiful scenery, and are tormented by flies. Never mind.
Like all diggers I have a notion now that they are most
worthy of all people of respect, and am proud to enrol
my name among them. Is this an egotistical feeling, or
is it honest, independent labour really something to be
proud of? Caution anyone against bringing revolvers
without a conical bullet mould, and against any six-
chamber revolver, where the snapping of the cap is pro-
tected from the hand by a ridge. I would rather recom-
mend five barrels and conical bullets."

BRITISH FUNDS THIS DAY.
(From the Official List.) _

- Business done.
Bank Stock
:3 per Cont. Reduced Annuities lOO ti 69i
3 per Cent. Consols Annuities
New 31 per Cent. Annuities
Long Annuities, Expire sth Jan., 1860
India Stock 261
India Bonds, £lOOO
South Sea Stock . ..... ............. ..... 115
South Sea New Annuities
Consols for Account
Exchequer Bills lid. June.
£1000.... 1 5
£5OO l5 p par
Small l5
PRICE OF FOREIGN FUNDS THIS DAY.
Austrian Bonds, 5 per Cent.
Brazilian Bonds, 5 per Cent. —
Ditto Ne ~v, 1852, 43 per Cent lOl
Buenos Ayres Bonds, 6 per Cent 67i
Equador Bonds
Grenada Bonds, Deferred
Greek Bonds, Red
,Vitto, Blue
Mexican 3 per Cent.
Ditto for the Account 27A g A
Peruvian Bonds, 43 per Cent. B9
Russian Bonds, 5 per Cent.
Ditto 44 per Cent lo4il
Sardinian tondo, 5 per Cent. 9Bl
Spanish Bonds 3 per Cent 484
Ditto New Deferred, 3 per Cent 244
Ditto Passive (Converted)
Spanish Committee Cert. of Coup. not fun. 6 a p a
Dividends on the above payable in London.
Belgian 4i per Cent.
Dutch Exchange, 2i per Cent. 12 Guil.
THREE O'CLOCK.
.... 100 i i
.... 100 i if

Consols
Ditto May Account

March.

SHERIFF'S COURT.-(THIS DAY.)

(Before Mr. Under-Sheriff Burchell.)
OAR V. LIIMSDFiLL.

This was an action to recover the sum of 11/. 14s. 10d.,
the balance of an account for goods sold and delivered.
The defendant pleaded that he was not indebted.
For the plaintiff, who is a wholesale provision mer-
chant, in Bishopsgate•street, and defendant is a grocer
and cheesemonger, it was proved that plaintiff formerly
supplied a tradesman at Walworth, and in Oct. 1850,
saw defendant in the shop, and understood that had
taken the business, and supplied goods to his order to
the amount of 1191., and there was now due the balance
claimed. Plaintiff, in cross-examination, said that de-
fendant's father paid money on two or three occasions,
and gave orders, saying that his son was out. He
(plaintiff) always considered the defendant was the pro-
prietor of the shop, and his name, "Robert Lumsdell,"
was over the door, but there was no description—" se-
nior" or "junior." He believed that the father's name
was Robert.

For the defence, it was contended that the business
belonged to the father, and defendant was only manag-
ing in order to put him in the way of business. The
shop was taken by Lumsdell, sen., and the licenses were
taken out in his name.

The defendant was called to prove this. He further
proved that in July, 1851, he told plaintiff that he was
about to leave his father, and wished that all the differ-
ent invoices should be comprised in one account, and one
was sent in, addressed to Mr. R. Lumsdell, sen., who
continued the business, but is-now dead: He swore
positively that he had no interest in the business, al-
though he was introduced to plaintiff by Mr. Banyard,
who sold it to defendant's father.
Mrs. Lumsdell now stated that about three months
after the shop' was taken, plaintiff called for orders, and
asked in a general way how business went on, and said
he did not think it would support three, and witness said
that it was not intended, for her son was going away,
and was only there to put his father in the way of the
trade. Orders were given by herself and husband, and
also by defendant, but the latter always first consulted
his father.

John Banyard proved that he let the shop to Lums-
dell, sen. He positively denied that he had ever intro,
duced either Lumsdell or defendant personally to the
plaintift but plaintiff asked him to speak to the party
coining in, and did not ask who the party was.
The Learned Under-Sheriff summed up, and, left it
to the jury to whom the credit was given ; for even if
defendant was only acting as agent, if he did not disclose
the name of his principal, he would be personally liable.
The Jury, after a long consultation, asked whether
the fact of the business being actually the father's ought
to weigh withthem.
The learned Under-Sheriff said that the fact of a busi-
ness belonging to a certain person was prima fade evi-
dence of his liability, but nevertheless other persons
might give orders.
The plaintiff, in answer to questions ba the jury, said
he never saw the father or mother till nine months after
Banyard gave up the business.
After retiring for two hours, the jury returned at
three o'clock, with a verdict for the full amount
claimed.