The Sun.
London, England, 1849-02-12 00:00:00

response of the majority of the people, and the Noble
Lord at the head of the Government would have
been fcrccd to return to his old principes.
But sooner or later such a measure as that
must be introduced, and whoever took it in
hand first would ever be acknowledged by the Irish
people as their best friends. But to return to the question
under discussion, he must again protest against this
suspension of the constitution in Ireland. There
w 110 necessity for it, and it was an act
cf base cruelty to put the people of Ireland at
tho mercy of a despotic Lord-Lieutenant. Se•
veral English Members had stood by the opponents of
of this Bill, and warmly espoused the cause,
of the Irish people. He thanked them for it, and he
wis quite convinced the whole nation of Ire
'arid would second him in offering them
thanks for their particular conduct. Why then did
Government not listen to the advice of these Honourable
English Representatives, and before' they passed this
Bill wait and see if something else besides coercion
could not be done to pacify Ireland. He
had a right to call upon the Noble Lord
to adopt that advice, but, at all events, he hoped the
passing of the Bill would be delayed.
ELEFT SPEAKIN4I.]

TATTERSALL'S-THIS EVENING,
SIZ O'CLOCK.

LIVERPOOL STEEPLE CHASE.
9 to 1 apt The Curate
12 to 1 agst Prince George
20 to 1 agst Edward the First
20 to 1 agst Napoleon
20 to 1 agst Victim

METROPOLITAN HANDICAP.
9 to 1 agst Lugar—taken
10 to 1 agst Canrzou
12 to 1 agst Flatcatcher
14 to 1 agst Loup-garou
16 to 1 apt Dacia
17 to 1 agst Executor
20 to 1 agat Do .the Boys
20 to 1 agat Backbiter

CHESTER CUP.
20:to 1 agst The,iTartar
20 to 1 agst Joe o' Sot
40 to 1 agst Lady Wildair
40 to 1 agst Clermont
40 to 1 agst Chanticleer
45 tb 1 agst lodine
50 to 1 agst Ballinafad
50 to 1 agst Peep o' Day Boy
50 to 1 agst Ruthmines
50 to 1 agst Lugar
66 to 1 agst Eagle's Plume
66 to 1 agst Conquest

DERBY.
14 to 1 agst Honeycomb
20 to 1 agst Nunnykirk
20 to 1 agst Uriel 3
50 to 1 agst Flambeau's darn
66 to 1 agst Langton

HULL ELECTION.
(From the Hull Advertiser.)
We are proud and happy to say that the President
of the Poor-Law Board,Mr.T. Baines, Esq., has been
re-elected by the numerous and influential consti-
tuency of Hull without opposition. This is such a
compliment to individual worth as has rarely been
paid to any public man, by a constituency so large, so
heterogeneous, and so completely removed from all in-
fluence of a personal or an official character, as that
of the electors of the borough of Hull. Mr. Baines's
position is an exceedingly distinguished one. In a
town where party spii it runs as high as in most other
towns in the Kingdom, the best men of all parties
have agreed to support Mr. Baines, not as a mere
politician, but as a person eminently qualified to
serve his Sovereign and his country in an official
station. And, yet, the re-election of Mr. Baines has
not been conducted in a way altogether agreeable to
us. Contrary to, and in defiance of, an implied un-
derstanding that Mr. Baines should be returned
without interrogatory as to his principles, a number
of merchants have exacted from that Hon. and
Learned Gentleman a kind of declaration that he
will oppose the total repeal of the navigation-
laws. Now, it was never supposed that the question
of the repeal of the navigation-laws would have
been brought under the notice of Mr. Baines, other-
wise, gentlemen far more conversant with the ten-
dency of those laws than the very respectable per-
sons who waited upon him, would have raised their
voices in condemnation of them. We trust that the
members of her Majesty's Government will not pay
the least attention to the supposed manifestation of
opinion in favour of the navigation-laws in Hull. Of
the eight Mayors of this town who have passed the
chair.since the passing of the Municipal Reform Bill,
five at least are favourable to the repeal of the navi-
gation-laws. Of the other three, all are in favour of
a modification of the measure; so that, in point of
fact, the navigation-laws are not supported by any
party in the town of Hull. We would not ourselves
give the value of a rush for what some gentlemen
of easily-excited nerves would say in the course of
an election-fever in support of the navigation-
' laws. Neither, we are sure, would Mr. Alderman
Thompson, whose repeated condemnation of those
laws in detail must be familiar to every member of
the Hull Chamber of Commerce. We wish Ministers
to believe that there is really no party in Hull so
stupid as to cry out for the maintenance of the pre-
sent navigation-laws. We are aware that,
.in an
Address to the Queen, the present House of Com-
mons has said—" We humbly assure your Majesty
that the restrictions imposed upon commerce by the
navigation-laws will engage our most earnest atten-
tion ; and that it will be our duty to consider whether
it be right to repeal or to modify their provisions if
we shall find that these laws are in whole or in part
unnecessary for the maintenace of our maritime
power, while they fetter trade and industry." There
is, therefore, an end of the navigation-laws as regards
protection to the shipping interest. A shipowner has
abstractt
Gentlemanh e
And
Dulln d
now, in the recorded. opinion of the House of Com-
mons, no more claim to the retention of the naviga-
tionsystem of maritime protection, than
the-flaarwmserasora the. manufacturer. Mr. Baines has
himself told the shipowners this, inasmuch as he has
told them that his views with respect to the naviga-
tion-laws are unchanged. Now, what were
.the
views of Mr. Baines at his last election ? Did he
then contend that the shipowner required protection ?
Nothing of the kind. .He then advocated the main-
tenance of the navigation-laws as an important branch
of' our military defensive. system. From the report
of a speech delivered
.by him at a meeting of the
electors in the Mechanics' Institute, and published at
we quote the following
fPathc
the opinions
f ce ,
of
the Hon. and Learned
as to this principle of free -trade, allow me to
:
say that thcre is no. man who entertains a greater regard
for the principle of free-trade than I do. For this reason,
I will tell you why: Because the principle of free-trade
is no more than this. It is the principle of establishing
among the different nations of the earth that kind of in-
tercourseit were, members of one
common good of all.—(Loud
view, Gentlemen, with respect
family,
contributing which
to
o s
thethe m, a
atontlhaeussee.)neaßiguattitohrei-r leawissa which I respectfully submit to
your judgment. It is not the question of free-trade, it is
the question, in a great measure, of the defences of the
country. Now, I pray 3ou remember it has been said
long, long ago, and never said without truth that the
national defences of this country, in case of any war,
r
must necessarily consist in the seamen of the country-
-in your ships—you wooden walls as they have been
called by a figure of speech, very expressive, but very
true. They are the wooden walls of Old England.--
(Loud cheers.) They are your natural defences in case
of war; and suppose such a state of things, suppose now
thatth a t
which should
hhaappppeennead ing?in (and who can say it will not)
the experience of the French
revolutionary war, that you had a combination of all the
nations of Europe against England—that. you had the
armies of Friti.ce, of Spain, of Holland, of Denmark, and
of Russia, all banded together against civilised England.
I should like to know whit situation we should be
in it' we destroyed our national defences ? And, there-
fore, that consideration, gentlemen, I must confess,
presses on my mind, with very great force, when I con-
sider the question of the navigation laws. Here, again,
I think it necessary to give a caution, which I thought
it necessary to give this morning, which was kindly re-
ceived by those whom I addressed ; namely, that no
gentleman, from what I say upon this subject, I hope
will ever, for one single moment, imagine that I should,
under any circumstances whatever, be found to advocate
war.—(Cheers.) But I am now
looking at the case of
necessary and defensive war, which, in my judgment,
alone is justifiable.—(Hear.) There is no man living
who has a stronger feeling of the infinite crime and
misery which necessarily follow from. war than I have.
No man living will do more as far as in him lies to drive
from this country that reproach which it has unfortu-
nately merited for two or three times past in engaging
in unnecessary war, for the mere purpose of national ag-
grandisement. I repudiate all such causes for warfare.—
(Cheers.) I say it is the interest—l will say more, the
bounden duty of all the nations of the earth, as far as
they can, to remember that great truth for which we
have divine sanction, that God has made of one blood
all nations of the earth,' and I, for one, will not be the
man ever to go counter to that precept, or to encourage
at any time, or under any circumstances, a war which
cannot be justified updri the principle of strict defence."
Not a word here about dear or cheap wages, or
cheap tea and sugar, or any of the endless objections
one hears from the wavering advocates of the navi-
gation laws in Hull. All real statesmen know that
the question of the mere profitableness of repealing
the navigation-laws has been decided in the affirma-
tive long ago. It is, therefore, no longer a question
with which shipowners have more to do than any
other people. In the event of a successful invasion,
the families of shipowners would fare no worse than
those of their neighbours. Bearing this exposition of
Mr. Baines's views fully in mind, Mr. Baines cannot
be classed with the knot of old women who issue
missives to the shipowners of the United Kingdom,
from a room in a building in London, well known to
the general postman as " 80, Cornhill." He has
not a word to say in favour of what is called the
protection of the shipping interest regarded merely
as a mercantile interest. It would be absurd, there-
fore, to class him with such specimens of a past
age as Mr. George Frederick Young and his Corn-
hill colleagues. Re never pledged himself to uphold

th' navigation-laws as a measure of mere protection
to the shipowner. But, fortunately, for the best in-
terests of the country, the repeal of the:navigation-
laws will not depend upon the single vote of Air.
Baines. These laws are doomed. And, in justice to
the agriculturists, it is requisite that they should be
abolished in conjunction with the corn-laws. Let
not the Government be prevented from pushing for-
ward the measure by anything that may have taken
place in Hull. We are for the repeal of the navi-
gation laws, and yet Mr. Baines had not a more de-
voted supporter than we were, and would be again,
were he a third time a candidate.

LAW INTELLIGENCE.
ROLLS COURT, Feb 10.

W HARTON V. THE ELECTRIC TELEGRAPH COMPANY.--

INJUNCTION.

This was an application by the plaintiff, the inventor
of a medium for drawing by means of straps or bands
formed of wire, passed through leather or through gutta
percha, or through leather and gutta percha in combina-
tion, such wires not being in communication, but sepa-
rated by means of seams of gutta percha, for the protec-
tion of his invention, which had been applied by the
Electric Telegraph Company to cover or enclose their
detached wires of electric communication upon the
North-Western line of railway at and from the Euston
and other stations on the line. The plaintiff had ob-
tained his patent for this invention on the 11th February,
1846, on which he filed his specification, stating all the
important features of peculiarity in the invention, and
that it was applicable to the purposes, without limiting
its application to the purposes enumerated specially in
the specification. The Electric Telegraph Company
obtained their patent for communicating intelligence
by means of detached wires, in combination with gutta
percha, operated on by electricity, in the month of April,
1848; and they had, in the prosecution of their object,
used the bands composed of wire, in combination with
gutta percha, thereby violating the patent right of the
plaintiff by infringement. The company had at its head
several well-known persons, including Mr. Ricardo and
Mr. Barlow, and had, it appeared, conducted some im-
portant lines of communication to completion, and had
even undertaken to communicate by this invention intel-
ligence under the sea intervening 13,,tween Boulogne and
lolkstoue. There had already been an action brought
at common law to recover damages for this infringement.
To that the company had put in an appearance, and in
the meanwhile the company sought the protection of this
Court, by means of an injunction, to restrain the com-
pany from using this mode of communication, and also
prayed that an account should be rendered of all such
straps or bands used by the company, and account with
the plaintiff to the amount of their value. The use of
the words " and for other ' purposes," it was insisted,
brought the defordants within the meaning of the
sp,cification.
Several exhibits of the bands used by the plaintiff and
the defendants were put in and examined by the Learned
Judge, who thereupon observed—l am inclined to think
that the better way for your party is to go on with an
action for infringement of your patent, if you so think
fit, with liberty to the opposite party to apply for their
costs in this court, if you do not proceed with such ac-
tion at common law.

Mr. Elderton and Mr. Webster followed Mr. Turner
on the same side. _ _

Mr. ItouPELL, for the defendants, denied that there had
been any infringement of this person's patent. The de-
fendants used the gutta percha to protect insulated wire
only for telegraphic communications. The composition
used by his clients was not simple gutta perche, but a
composition including, with the gutta perchs, sulphur
and gum. The manufacture of this article was perfectly
different from that of the plaintiff, who clearly, from tne
terms of his specification, was precluded from any claim
to participate in any invention of the defendants fur
an improved method of telegraphic communication of
intelligence.
Mr. roues followed on the same side. _

Lord LANGDALE said—l do not consider that the
plaintiff is entitled to an account as pray ed, but I shall
let the application stand over, in order to see whether
they bring on their action at common law for damages.
I see no reason for granting the injunction. had there
been a clear case mad, out of main fides in respect to
the exhibits and drawings produced by the plaintiff, and
had it been shown and pressed on the Court that misre-
presentation had taken place, tl•e judgment might bare
been conclusive.
The motion to stand over.
his Lordship will not sit in the Rolls' Court again
until Saturday next.

COURT OF QUEEN'S BENCH, Feb. 10.
(Sitting: at Nisi Prius at Westminster.)
KINGET V. GEOGHEGAN AND WITHERS.

Mr. Humfrey and Mr. Pearson were counsel for the
plaintiff ; Mr. M. Chambers and Mr. Denman ;for the
defendants.

The plaintiff was a schoolmistress, who occupied
apartments in Robert-street, Chelsea. She brought the
preent action to recover compensation in damages for an
injury sustained under the following circumstances :
It appeared that the defendant had a claim for rent
upon a person of the name of Souter, and believing the
furniture in the plaintiff's apartments to be the property
of this person he sent in a broker, who took therefrom
sundry articles alleged by the plaintiff to be her property.
In the effort to obtain admission the front parlour door
was broken open, and on the plaintiff being sent for (for
she did not reside upon the promises), and seeing what
was done, she immediately sent out for a policeman.
The school was shut up for some time in cons(quence, of
this proceeding. The terms of the school were one
guinea a quarter for each scholar, provided the money
be paid in advance, and 303. a quarter if not so paid. It
was stated in evidence that it would cost 201. to repur-
chase the articles which had been taken.

The defence was that the goods belonged to the
plaintiff's brother, who had gone by the name of Souter;
that he had left the premises which he had occupied,
without paying the rent, and the goods were followed to
the plaintiff's apartments where she held her school. It
was also stated that this person, Souter, was now on his
way to America. The first defendant was the former
landlord of Souter, and the other was the broker.

The jury returned a verdict for the plaintiff—
Damages, 501.

LOCK V. ASHTON.

Mr. Sergeant C. Jones was counsel for the plaintiff;
Mr. Whitehurst and Mr. Flowers for the defendant.

The plaintiff, who was carman in the employ of the
defendant, a corn merchant living in the Blackfriars
road, brought this action to recover compensation in
damages for his false imprisonment by the defendant. It
appeared that the plaintiff had been sent by the defend-
ant, with, as it was at first supposed, 20 sacks of oats,
but the fact was that two of the sacks were so much
torn that no oats were put into them. A receipt
was accordingly given to him for only 18 sacks. Upon
the return of the plaintiff to his master's house, one of
the sacks was missing. The defendant suspecting the
plaintiff of dishonesty, ordered him to be taken into
custody, when he was removed to Clerkenwell station-,
house. The next morning he was taken befere the
magistrate, when he was remanded. Before the time
had arrived for his re-examination, it was discovered that
the missing sack had been left with the toll-collector as
security for the toll, and the character of the plaintiff
was fully ♦indicated. The magistrate, therefore, dis-
missed the complaint. The plaintiff then brought an
action against the defendant for the injury sustained,
which action was tried some time ago, when the jury
found a verdict in his favour for 40s. damages. The
plaintiff having subsequently obtained a rule for a new
trial, that verdict was set aside and the present trial was
the result. The defence on this occasion was one of
justification.
The jury retired for some time to consult together.
and then returned a verdict fur the plaintiff•—Damages,
100/.

EXCHEQUER CHAMBER, Feb. 10.
(Middlesex Sittings at Nisi Prius, before Mr. Baron
PLATT and a Common Jury.)
SCARISBRICK AND OTHERS V. KINNAIRD.

This case commenced on Friday, and did not close
till late to day. It was an action to try the right of pro-
perty in certain books seized by the Sheriff of Middlesex,
under a writ of execution against Mr. James Bohn, the
well-known foreign bookseller.
Sir F. Thesiger, Mr. M. Smith, and Mr. Hodgson,
appeared on behalf of the plaintiffs, who were the Bishop
of Liandaff, Mr. Scarisbriek, a gentleman of property
in Yorkshire, and Mr. Hyam Ansel!, of the City; Mr.
Martin, Mr. Bramwell, Mr. Willes, and Mr. Burchell,
conducted the defendant's case.

Towards the close of the year 1843, Mr. Bohn, who
then carried on business in King William-street, Strand,
became bankrupt. With a desire to save a part of his
stock, and enable him to resume his business, the plain-
tiffs agreed to subscribe 1,500/.—Mr. Scarisbrick sub-
scribing 750/, Mr. Ansell 5001,, and the Bishop of Llan-
daff 2501. With this sum they bought some of the
books of his assignees, and placed them under his care,
he being at liberty to sell them as opportunity offered in
his trade, and they to receive the proceeds. A brother
of Arr. Bohn was placed in possession of the books,
aad was paid 21. a week by the plaintiffs for attending
ing to them. Mr. Bohn having resumed business, and
having again become crippled in his means, obtained
some advances of money from a Mr. Hoare, a solicitor,
to whom he made a bill of sale in January, 1846. In
the following August be made another bill of sale to a
Captain Long, who was to advance 3,0001. in order to
clear off all his liabilities to the plaintiffs as well as
others. His difficulties were increasing a few months
afterwards; in December the same year all his stock,
consisting of 16,000 volumes of the highest and rarest
class, and including the works formerly purchased by
the plaintiffs, were seized by the sheriff at the suit of
Captain Long, and sold. The action was brought to re-
oover the price or the value of the books belonging to
the plaintiffs. These were the facts to prove the plain-
tiffs entitled to the property in question. It was further
proved that at the sale the books were sold much below
their value. The ease for the defendant was that Mr.
Ansel!, at least, had no right to sue, as he had disposed
of his interest in the books to Mr. Hoare on the 10th of
July, 1845, and never afterwards interfered in the busi
ness; that notice of the seizure had been given to the
solicitors of the other two plaintiffs on the 22d of De-
cember, 1846, two days bet' ire the books were removed,
and that no claim was made on behalf of the plaintiffs,
and that the sale took place in the usual manner. These
points having been made out to the satisfaction of the
jury, a verdict ou that issues embracing them, End which
went to the substance of the action, was found for the
defendant.

LIVERPOOL M.P.s'.—Liverpool has the honour of
having ten of her sons, either by birth or by adoption, in
the present Parliament, and all of them men of liberal
views and of great talent for business. Their names are,
William Brown, W. E. Gladstone, T. Thornely, William
Ewart, William Jackson, Sir Joshua Walmsley, Edward
Cardwell, Sir T. B. Birch, Lawronco Heywortb, and
Joseph Sandars,jun.—Liverpool Albion.