The Sun.
London, England, 1838-11-20 00:00:00

QUEEN'S BENCH.-THIS DAY.

(Sittings in Banco.)
CARLOS V. KENNETT.
In this case, which was discussed for some time yester-
day morning, Sir FREDERICK POLLOCK announced to the
Court that the proposition which he had made of taking
a verdict for 251., half the sum in dispute, had not been
acceded to by the defendant's Counsel.
Mr. RICHARDS felt it necessary to say that his client
would not accede to it because he had two or three hundred
young men employed under similar contracts who might
be inclined to litigate them if he yielded in the present

instance.
Lord DENMAN said the Court wished to hear Mr.
Richards' arguments.
Mr. RICHARDS (with whom was Mr. Swan) were then
heard in support of the rule. The learned counsel con-
tended that the plaintiff had been paid two guineas per
week, which was the only sum he was entitled to, and
therefore there could he no pretence for the Jury finding a
verdict for so large a sum as 51/. Bs., ten pounds having
been paid into Court. After referring to the evidence
which had been given of the imperfect manner in which a
portion of the plaintiff's work had been done, the learned
gentleman submitted that the rule for a new trial must be
made absolute.
The COURT having conferred together, observed thet
they could not say that the verdict was altogether satisfac-
tory ; but taking all the circumstances into consideration,
they did not think they ought to grant a new trial. Whether
Mr. Carrington had fairly stated the contract or not they
could not say, but they thought where a party stood so
mach upon his contract, he ought to take care that there
could be no mistake about it, and more especially when the
only evidence relative to it was given by an interested per-
son, Carrington being the defendant's brother-in-law.
There was one fact in the case which entitled the plaintiff
to complain. On the trial every imputation was cast upon
the work and surveys executed by him, but it did not ap-
pear that the defendant had ever drawn the plaintiff's
attention to the circumstance of the work being improperly
executed, or that any skilful person was called upon to give
an opinion upon it. The Court thought that too much,
had been given by the verdict of the Jury, but they would
not say if something less had been given that the verdict
would have been wrong. On all these grounds it. did not
appear to them proper to disturb the verdict.—Rule refused.

BAIL COURT.-(THIS .DAY.)

LL ,OY-D's SHIPPING.—(THIS DAY')

DEAL, Nov. Nov. 19.—Wind E. S.E., blowing strong through'on3
out the day, with rain and thick weather.—Came down fr
the River and proceeded, the Water-lily, Hart, for Janaalell;
Castle Lochlan, Bruce, for ditto ; Lively, Parker, for Ale
Bay ; Clarendon, Fisher, for Jamaica; and Isabella, Kerr,
for St. Michael's. Arrived last evening and remains, the
Clorinda, from Batavia.
PORTSMOUTH, Nov. 19.—Wind E. S. E., hazy, blows bid'
PLYMOUTH, Nov. 18.—Wind E.—Arrivedthe St. Nicboblit
Talbot, from Nantes. Sailed the Amitie, Delafosse, fortr ths
Mauritius. MEM.—The Echo, Cox, from Youghal to
don, ran on the Breakwater about nine P.M. yesterday's°
gone to pieces—crew and master saved, except one wan- j
FALMOUTH, Nov. 18.—Wind W. to S., light breezes an
sth
cloudy.—. Arrived the Braganza steamer, from Gibraltar--
left 10th November, Cadiz 11th, Lisbon 14th, and Vig° 1.
Sailed the Union, for Dantzic ; Maria, Bronwer, for Ata:
eterclam ; Weloaart, Fenenga, for ditto ; Margaretta, Coo 55
Pe"
for Rotterdam ; Atlas, Schmidt, for Antwerp; Sucaet'
Wheeler, for Havre ; New Parliament, for Rouen; and obeli
fifty sail cbf coasters, for the Eastward. 1,
LIVERPOOL, Nov. 19.—Wind S E., fresh.—The LiverP°°
from Calcutta, is • supposed to he arrived off this Plaere;
Sailed the Antelope, .Lullock; for Africa; Tama, Purvis, '°,,
Batavia; Carena, Hayeen, for Genoa; Alexander, Stewar'e,
for Jamaica ; Scylla, Scott,. for Trinidad ; Llama, Wheele
for Havannah.
CREEK, Nov. 19.—Arrived Briton's Queen, from Denie! .
CHATHAM, Nov. 19.—Arrived tie Morning Star, Dann
BRIDGEWATER, NOV. 19.—Arrived the Queen VicWrla
from St. Petersburgh. 1,30
HULL, Nov. 18.—Arrived the Duncombe, Excelby, I u;
Richebucto ; Tanjore, Shemmells, front St. s.Petersburg'
Mary Ann, Bruce, from do. ; Storing, Do ft°od, from l
berg; Transit (steamer), from Harnburgh ; Ann, Erratt,
do.; Sea Horse (steamer). from Rotterdam. a wall-
WISBEACH, Nov. 18.—Arrived Oscar, Birch, Sunasa 0,
LOCK RYAN, Nov. 17 _Arrived the Romulua, Cale
der, from Quebec.Allister'
HARWICH.—The Mf ntura, Arthur, and Medway,
(coal laden) bound to London, wore wrecked on the PP;'fiee
Sand yesterday—crews saved. SO
ELSINORE, Nov. 13 —The Brend,,, Stephens, from 1143 pi.
Hull, and the Joseph Hume, Bell, of London, from St
were
tersburgh, got aground loth instant, off Lessoe, bulb v,
assisted off, and proceeded for Gothenburg or Fredericksavea
GOTHENBURG. NOV. W.—About 170 caslss of tallow l'3`at
been picked up between Lys,:kild and Flaske, principallY
Kohgsham, amongst them one marked (‘"1(1(." t l°
Coax, Nov. 16.—The Clara, Protheroe, from Nevir,
this port. is reported to be lost, her boat has been piehedil3),
YARMOUTH, Nov. 19.—The Wateis, Hogg, of Suoder, be•
has been assisted into these Roads, having been entangle"
tween the Cross Sand and the Scroby. a! 1,1
HULL, Nov. 19.—1 t has blown a gale from E. to •Pci. to
S. for the last 24 hours. The Tiger (steamer), Wile
Hamburg, put back to the Hawk this morning. Pt
0
WoaatswOßTH, Nor 17.—The Rhine, from Leith to ot.,
teraarn, got on shore on Boulmer Rocks on the 16thlioa
unshipped her rudder, but got off the following tide vow
further damage. frill')
LIVERPOOI„ ton
Nov. 19.—The Rapid, Taylor, sailed ,0;
Bridgewater, for this port, on the 15th inst., and no
15th ult., as reported on the 17th inst. (roil'
VoirvaanoE... Nov. 19.—1 t has blown hard to-daY sda'.
E. S. E. A great number of vessels parted their eller ,a, Ot
ring the night in the S.W. Reach. The Science, 11°111'idol;
Scarborough, was wrecked on the Gunfleet Sand Yeste
crew saved. AII,
a 5"
SUI.EA, OCT. 22.—The winter has commence., -.
dry vessels lying here have received damage from the
lc's,
OSTERUSOER, OCT. 29.—The Swinnemunde paohetitero
mon, from London to Swinnemunde, put in here Yee 0,
with loss of anchor and chain. ve IVi;
The Braganza (steamer) arrived at Falmouth, aP.,°--,Glie"
Tar (steamer) bound to Cadiz, off Cape OP'
Tagus (steamer), 15th inst., off Bayona 'stands.

r,
_ b re
The Grase, Hall, bound to Bristol, wa3 (3° sc'
Ilfiacobe yesteida , ff Cape
George Berny.
stoff, from St. Übe's, foundered ° 3,
Espechell, on the 13th Ult. As to
The Swea, Nielson, bound to the Baltic, has putlo- t
g 0
Übe's, leaky ; cargo discharging.
The Hercules, Meyel, from Rotterdam to Stt6tio'flie
aground off Anholt, but came off after discharging Part
cargo.
~,,r 0'
-
THE NATIONAL BENEVOLEJ-‘-
STITUTION.
he ro're
______........______
This Charity, we are persuaded. requires °all t° ", 1/111/'
generally known to insure an accession: of coettleseo 5
dreds of subscribers. We are led to these obsertiatl;oo,
a printed paper before us, in connection with the `: t°
Election for candidates to take place on the 29th ill; ill'
this list we see 115 applicants for adnaission, whi ft°
scanty funds enable the Governors only to elect 15' lief tl
object of this " god-like Institution," is to afford re e °
persons of both sexes, who, having arrived at the 1 tl' ,
CO, and previously been most respectable member? b° tbel,
community, are, by means of a visitation over whit, Ot
had no control, reduced to the ills of poverty and 1;6
annuities thus afforded are necessarily limited, `",,r, '3,;"
of more extended funds. The highest is 30/. a Y„.,'" , k,,,'
retrograding to 251. and 201., according to their eiaL7.scl,":
means of this national charit which was instil A',
a,ll
Mr. Herve in the year 1812, many hundred WO° ‘l4'
have known the blessings of affluence in haePier 00,,ht°'
and in their fall had no certain refuge but the V:
house, have been placed in comparative Wth., ter
list, however, before us speaks in most intelligi''a tri;
to all those who have not already lent their 81,reti v
Out of many hundred applications, 115 wh° °Peeve! .0;
have the strongest claims have been selected', eisoo
it remembered of this number, who are a 0 0,
at this moment between doubt and feBr e
be r
their success, only fifteen can by possibilitY di
ere
titled to relief. The subscription list very Pur°Pt ieto
eludes -the names of those who, having' the ,_"rsroiteoo
tions but very slender means, may contribute taelio, cbc
sums of even ten shillings ; while the more w°Bs 10,',03
exercise their philanthropy by such annual sulithe sbyd
in accordance with the estimate they form a be 0,
t ee
that will be the ultimate result—conscience, te (10 to
monitor, will whisper to them what to do. Our 180tio0;$e
as well as the present, give it their especialil,jaos',iry
, does the Duchess of Kent, the King of the °Le yerece,"oo'
' &c. ; and the list of our nobility and gentry, 00143 r of
butori, presents a lively source of national olgoaade ir
It is worthy. of remark, that the kind-hearte,, bel°
this Institution lived long enough to witness "5 e,D
fluence extending to one of -his nearest relatives-lajesef Os
Where so many aspire to this little jadePeoe (300P,5;
Ndsbviceoxstueaylrdn.voi
nbenxeegc almosteypeobjects.taorsn ,
old—the
ii
tnTv
ii
The
ei invidious teicsrvavtsi
sodeeoepowoaf
nri‘dtoilfcrausnal.
da
lir ii s:esk:se
bo:
pa
ey ,
~,,plieot 1 1
100
tle
ri i j
tllebraeoalsi°iillisge:l.o
itel:i
a responsible station in the Alien Officeg-en
pily together, and in comparative affluence,' rils 1)°01)e-3
best society for near forty years ; suegir re'ess-polls
nearly blind, and absolutely destitute. -..elv e„-bo ,l
been minutely investigated, and is warden' ', L'i,l's
by Mr. George Robins, of Covent-Gar"- 'cat:4 ,";5
ceives proxies in aid of this heart-rendingeeel'"ea„,'
who has recently to con, rats himself 0at..1:.„b, fr°,,vi
Grace the Duke of Devonshire's roxies, vrut- bsci'lo f' c
magnificent original donation arid annarti:grooltliatis)co
amount to six hundred and fifteen votes. -1" "re 000' t
marked, with a view to illumine those who atiol
of the necessary exertion to secure success, ate k
fifteen thousand votes will leave the unfortu° g
without a chance of relief.
......-..-- 14°11 °'
---------1 fo, oehe
ODESSA, Nov 2.—Major-General Fries sicrej
Governor of New Russia and Bessarabia, u'f:ol.Berriae
sence of Count Woronzoff, has arrived hereasi'l r were'°
noff. The squadron of Admiral Artinoff Its, ssiotej 03
from Sebastopol, and has brought back to wale be l
ters the remainder of the troops hitherto elliroo tO, ail 5
The squadron has gone back to SebastoPel' Of 511;0e0
and 23d of last month there was a heavy fall obi, 13, 0,,
sdhailerl driven
elaantdoeinl
tSebastopol,he with
coast abnyd the weather..Ew. avisifoProdretittlj>erlc, f Pij
creTwiainEdlc_asHrgEoAwreßreEssav
CE:res::::eliblfiso:
ammunition, coming na Sun ge i
astrong N #'llie 0
The erlie' rlit'
Mercury of last Saturday contains a eu..-0110,c13, pi'
eDIENOUN
eßdeifivc. aTtihoonm, la: asngelsyt,, thmeicnoisptyerofofft ssetr.mon, Pr; Oa of ,iii 4
Sunday, Nov. 11, 1838. The Rev- Gentthe cool i 0 oe'
nion that theatrical amusements are fatal to
sittotel,t!
eternal interests, and seems to think tt.lreth geistnj Obey It
theatre and going to another hot place, w" 0,0 u`',ioo "/
less, are acts in the closest connexion of °cod' eillicer)
Mr. Best arrives at this most comfortabe,
_owe s'reciest
process of which the following words afforabfocl Po,er, pot
P Amongst the manifold evils (says the {earfulSle PebeslV
to which the Theatre ministers, With oks, scthrls,tl
success, are some which, as the Apostle spong,`"coos';o i'
be " once named," that is once known, %soy loot el tier
:‘%.as becometh saints." They are so gr oat atigbtr de:
:ith the holy profession of a Christian,
then', 0 rtr,rielf
Beagle example, or a solitary instance of Ana he l'ik, et°
to be found in a Christian community- ,ospeooso,ilf
scribes things, of which it is . a shame even , 'tbot,bel: t,i
cannot be made the subjects of discourse o:,issiet, Laocl,,eis;
moral defil anent, and t the risk of traneg:e 0001talii, eceo
of Christian decorum ;sand although ore Bat of tao,l of
" reprove these things," yet in the fulfilincoi coattute s r
•re alw 00 ill'
sary duty, we must use the greatest ca roe
tilt
itlrjo il l'l,eo
A 10'111 roleholl'ie
About three o'clock on Tuesuay ail tneo vcopl
etixopnosoifntghtehsehasinrite,
.vr”e either contract or corn
mates of the Griffin Inn, Dudley, werer° adjoialoeo,l,l!
loud explosion, which shook that and thein, to fOO tiol
from the cellar, the people ran there, 0 c 0 $
of t)t V 0
to their foundations. The noise aPPe:bre: tbacriboso'collit
i to have been caused by the pressure _ ,10.t4. anyioll
I gas in a barrel of old ale, which, not ha' ,aese '
I exploded, and the whole of the contents '
I floor.—Hereford Journal.