The Sun.
London, England, 1849-02-08 00:00:00

IN THE NATTER OF DYCE SoMBRE.
Mr. DOLT, immediately upon the conclusion of the
judgment in the case ot " Prince Albert v. Strange,"
ap-
Plied to his Lordship to appoint an early day to hear the
petition now lodged on behalf of Mr. Dyce
S,otrihre, upon the ground of the parties petitioning
being in possession of very strong evidence, from some
of the most eminent phpicians iu London, as to the sa-
nity of Mr. Dyce Sombre.
The LORD CHANCELLOR asked whether the petition
sought for a suspension of the commission?
Mr. Rohr said it nid; but should his Lordship not find
sufficient evidence for superseding the commission, the
petitioner prayed for other matters of relief, such as that
the petitioner might be allowed to reside in England or
any part ot the United KinVoiu.
The LORD CHANCELLOR said he would hear the peti-
tioner next Friday week.
All the other equity courts sat to-day, and beard
Motions, it being the first seal after Hilary Term, but
nothing of the Slightest interest occurred in them.

EXCHEQVER.—(THIS DAY.)
(Sittings in Banco.)
SHARROD V. THE NORTH-WESTERN RAILWAY COMPANY.
This action was brought to recover the value of a cer-
tain number of sheep, which, having got upon the rail -
Way,
killed.
way, were run over by an express train and lt
Was tried at the Stafford assizes before Mr. Baron Rolfe,
When a verdict was found for the plaintiff, leave being
reserved to move fur a nonsuit if an action tor trespass
Would not lie. A rule having been obtained for this
purpose by Mr. Godson,
Mr. Sergeant TALFOLTRD, for_ the plaintiff, now showed
cause against the rule, and contended that it ought to be
discharged. The difficulty in the present case arose
upon the application of the very old and well-established
principles of trespass to a new state of things, and the
question was whether the act which gave rise to the acci-
dent bad been done or committed under the general
directions of the company. If the engine-driver had,
through neglect, killed the sheep, then he admitted that
the company would not be responsible, but in this case
the accident arose from the necessary or natural conse-
quences of the direction given by the company, whom
he held were alone liable. The engine-driver was not
in the situation of a coachman, but simply formed a por-
tion of one great piece of machinery which propelled a
train from one station to another, and which in the
coarse
of its progress did that which was the subject of
this action. The case therefore resolved itself into one
point—whether the Act in question was constructively
an act of the company, or of their servant, who had ne-
glected his duty ?
Mr. GODSON was heard in support of the rule, con-
tending that the engine-driver was exactly in the same
situation as a coach-driver, and that he was not a
passive, but an active, agent, whose duty it was to mode-
rate, restrain, or stop the train.
Mr. HUDDLRSTONE followed on the same side.
Mr. Baron PLATT said, the question :really to be
raised was whether there was any evidence that
the act of collision took place in pursuance of the com-
mands of the company. If so there could be no doubt
that the company were responsible in trespass.
Mr. Baron ALDERSON said the authority given by
the company to the engine-driver amounted, in fact, to
t°lB—drive the engine at such a speed that it shall
average a certain race—do not drive over the sheep if
You can help it, but it it be physically impossible to do
SO, then drive over them.
The COURT, however, intimated that they would fur-
ther consider the case before giving their decision.

SHERIFFS' COURT.—( THIS DAY.)
(Before Mr. Under-Sheriff BURCHELL.)
FROME V. CHILDS.
This was an action to recover damages for breach of
sa agreement.
The plaintiff in this action is a lady residing in De
lenshire, and the defendant is a solicitor in London. It
appeared that the defendant had acted as the solicitor to
theic, Plaintiff, and in July last year applied to her for the
-sal of 2171., and agreed at the time to pay 7 per cent.
interest,and to and to get a bond executed by three sureties,
sad a policy of insurance on his life for 999/
1.18 a security for the repayment of the principal and in-
terest. The money was advanced, but defendant did not
Perform his
promise.
The defendant suffered judgment to go by default.
4.113 e UNDER-SHERIFF said all the facts were admitted
the amount of interest was entirely a question for
the _ury,
s -te jury gave a verdict for 2171, and interest at
Per cent,
TENISON V. MORTIMER.
The plaintiff in this action is a tailor in the Hay-
-140, and defendant is an attorney.
This was a new trial, which had been allowed in con-
sequence of an informality in the notice of trial on the
jilt occasion, when a verdict was given for the plaintiff,
the defendant having pleaded, but did not appear to
support his lea.
buT t the
defendant now pleaded that he was not indebted,
e evidence on the part of the plaintiff was quite
conclusiy
• e' and the jury gave a verdict for the amount
claimed, 9/
The 17e. 6cl.
defendant's COUNSEL urged that the action
should have been brought in the County Court.
Mr. THOMAS
said if they bad, defendant would have
Pleaded his privilege to be sued in his own court which
all attornies did.
_ Au application was then made to enter a suggestion
via the record, and for the writ to be retained.
The UNDER-SHERIFF said he had never retained a
grit on such grounds, and saw no reason to interfere
In this case.
NORSE v. MILLIR-BINGULAR CASE.
This was an action to recover a sum of money for
tame supplied to defendant.
Mr. MAY, the plaintiff's attorney, said, that he held
a great member of letters; which, however, ha was not
in a position to put in, but would prove two admissions
by the defendant. Be offered to be sworn.
Mr. THoMAs—I object, as it has been decided by the
Court of Queen's Bench that where an attorney had ad-
dressed the jury he could not give evidence.
The UNDER-SHERIFF—That is so.
Mr. MAY—Then I call the defendant's attorney.
Mr. Tnosus—You may " call spirits from the vasty
deep," but will they come?
The UNDER-SHERIFF—Who do you call?
Mr. MAT—Mr. Collins or Mr. Rigby. There's one
of them sitting by Mr. Thomas, but he won't come.
The UNDER-SHERIFF—Which of them is it ? Call
him upon his subposea.
Mr. MAY—I have not got one, and I don't know which
is which.—(Laughter.)
Mr. THOMAS—Yon had better be called yourself.
The plaintiff was " called" in due form—i. e. nonsuited.

SPORTING INTELLIGENCE.

CHELTENHAM ANNUAL STEEPLE CHASES.

WEDNESDAY.
The Grand Annual Handicap of 20 sous. each, h ft, and
5 only if declared, with 1001. added. Four miles.
Mr. Oliver's Pullaway, llst 2lb (Davis) I
Mr. Vevers's Vengeance, lost
kr. Litton's Linkboy, lOst 6lb
The following also rani—Kathiten, lOst 81b—Kath-
leen, lOst4lb—Equinox, lOst 41b—au€1 Justice to Eng-
land, lOst 21b.
The Won by two lengths.
Aristocratic Stakes of 10 sous. each, h ft if de-
clared, with a Cup added by the Ladies. Gentlemen
riders. 1 lst 71b each. Three miles.
Mr. Bedford's Lincoln (Capt. Peel) 1
Capt. Fraser's Kilkenny
al
~.
lick. The following also started:—The Jew, Anna, and

, The Farmers' race was won by Mr. Taylor's Victoria
°wrier) beating Resolute and six others.
NEWMARKET COURSING MEETING.
WEDNESDAY—Boning Field.
Lord The Port Stakes.
Stradbrooke's Minor beat Mr. Arabia's Ales.
litr• Buckworth's Brush beat Lord Stradbrooke's Mercury.
Mr. vill°(ldY'e Rattle beat Mr. Fyson's Formidable.
-378"'s F .B beat Mr. Leader's Lightfoot.
Ittr. anLY 9'
uckvvorth's Blucher beat Lord Stradbrooke's Maid.
Dobede's Diamond beat Mr. B. Smyth's Skyscraper.
I(ing'S Rutilla beat Mr. Dobede's Dreamer.
r. Gillett's Great Western beat Mr. Vipan's Valiant.
Rex be The Derby.—First Ties.
Ironer at Druid—Desperate beat Hubert—Baron beat
/Mew:native beat Bruce.
PatlYebraceaot Br The Oaks.—First Ties.
be fa reble—Olinda beat Bessie Bell—Moreen
ul"—Verbena agst Mirth (undecided).
The Cup.—First Ties.
L Alderraan beat Signora—Bridesmaid beat Doron—
avender beat Field-Marshal—Fanny beat Gay Lad.
The Exning Stakes.
M. /3: Smith's Salisbury beat Mr. Dobede's Dacia.
xt,"' 1•
,111 g's Rosins beat Lord Stradbroke's Mainmast.
.r Pee's Faithful beat Mr. Vipan's Vespasian.
r• Leader's Louis Philippe beat Mr. Buckworth's Bard
_ G.

—MURAL THEATRICAL FUND.—A meeting of the
rectors was held yesterday, at the Lyceum. Mr. Cul-
lenford the secretary, reported to the board that Mr.
Balfe had kindly consented to direct the musical ar•
tingements at the ensuing anniversary
festival, at which
Mr. Charles Kean would preside, supported by Mr.
Charles Dickens and a number of other literary and dra-
matic gentlemen, and on which occasion a third donation
(e; 100 guineas from the Queen would be announced, her
Majesty having been graciously pleased to become the
patroness of the fund. The respect entertained for Mr.
'hire in the profession would ensure the active co-
, operation of a number of other distinguished artistes,
native and foreign, members of her Majesty's Theatre
and the Royal Italian Opera. From the report
of the directors it appeared that the General The-
atrical Fund was established in 1839, for the granting
of annuities to aged and decayed actors, and relief to
' their widows and orphans, and among its earliest and
warmest supporters may he mentioned Mr. Sergeant
Talfourd, Mr. Benjamin Bond Cabbell, Mr. Cliarles
Dickens, Mr. Charles Kean, Mr. llacready, Mr. Benja-
min Webster, Mr. T. P. Cooke, and Mr. Buckstone. In
the last annual financial account it was stated that the
capital then invested was 4,0141. 108.8 d., and in the
hands of Mr. Buckatone, the treasurer, 39L Bs. 10d
year total of 4,053/. I9s. Bd. The receipts during.
that had been 746/. 9s. 4id., while the expenditure
had only been 3501. 3s. 2id., leaving a balance of 3961
6s. 2d. Since then the invested capital had been in-
creased to about 5,0001. After the customary routine of
business (which contained no feature of say pnblic lute.
rest) had been transacted, the board adjourned.
FATAL ACCIDENT.—On Friday last Mr. M. Bever-
ley, of Foncet, who formerly kept a pack of hounds and
bas followed the chase for the past forty years, met with
fatal accident. It seems that Mr. Beverley was out
with the harriers and was about taking a leap,
when his
hLome refused, on which he was violently thrown over its
. 'ea& and fell heavily on his skull. Some gentlemen
made up to him as speedily as possible, but to their deep
gorrow they found that life was extinct.