The Sun.
London, England, 1849-11-09 00:00:00

THE SJN,

The notice was given as far back as Jinuary, and it
informed Mr. Osbern that a Mr. Hornblower was the
agent of the company, for the purpose of arranging any
of purchase. Accordingly, Mr. Osbern employed
Mr. Edgington to meet Mr. llornblower, and those two
gentlemen agreed that 10,2001. would be a proper ecru-
pensation fur the company to pay Mr. 0Ab.21..n for his
interest in the premises. Mr. Osbern being cow
infurmcd by Mr. llornblower that the com-
pany would require the premises on Lady-day,
1347, he removed a considerable portion of his
furniture, and connected his business of a wine mer-
chant. The company, however, had taken no steps to
complete the purchase, and as all attempts at nzgotiation
had failed, Mr. Oibern was compelled to have recourse
to this proceeding, to force them to complete their bar-
gain, or make him come compensation for the injury he
had sustained by reason of the notice.

Mr. Justice PATTEsobt granted a rule to show cause,
Rale nisi accordingly.
SABBATII• DAY BREAKERS.

Mr. PHYNN said he WdS instructed to move the Court
for a rule, calling upon two of the justices of Bath to
show cause why they refused to issue a warrant of die-
tress against a person named Levy Western, for
the non-payment of a penalty under the Lord's-
day Act, the 29th of Charles the Second.
It appeared from his affidavit that in August
last a person named Levy Western, who was a porter
in the service of the Great Western Railway Company,
Was summoned before the magistrates for exercising his
occupation on the Lord's-day, the alleged breach of the
statute being that he was assisting in unloading the
company's trucks and dragging trucks about laden with
luggage. The solicitor of the company attended on be-
half of this persoe, and he contended that the case did
not fall within the Act of Parliament. Now, the provi-
sion of the Act, as the Court was no doubt aware, was
this, that no tradesman, artisan, workman, cr labourer
whatever, should follow his calling, or do arsy worldly
labour, on the Lord's-day, works of necessity and charity
only being excepted. It was admitted on the part of the
detendant that ,he had been exercising his ordinary
calling, but it was said that ordinary calling did not
come -within the meaning of the Act. The magistrates
took time to consider the matter, and at last convicted
the defendant. The defendant was then asked for the
penalty, but Mr. Kemp, the solicitor, said it could not be
paid, and thereupon the complainant applied to the ma-
gistrates to issue a distress warrant, which they refused
to do unless the Court of Queen's Bench decided that
they ou.;ht. Now, he apprehended the magistrates
either went too far or they did net go far enough.
Mr. Justice PATTESON—Is there any appeal given?
Mr. PELYNN said there was not.
Mr. Justice PATTESON—Then there is no other mode
of enforcing the penalty.

Mr. Payl4tc said there was no other mode. The sta-
tute gave the power of distress, and in default of the
distress, the person was to be put in the stocks for two
hours. He apprehended it wa's a pure question of fact
for the magistrates to decide, first, whether this person
was within the description mentioned in the Act, and,
secondly, whether the work he was employed upon was
or wasnot within the exception, that was to say, whether
or no it was work of necessity or charity. It was Lot
put before the magistrates in that way, but by their con-
viction they had expressly negatived that it was work of
necessity or charity. If the magistrates had simply
wanted to raise the question for the decision
of the Court, what they ought to have done
would have been to have refused to have re-
ceived the information, as in the case of the " King
and Cox," reported in the 2d " Barrow," page 1785.
There the Magistrates refused to receive an information
against a baker for baking meats and pies on the Lord's-
day, and the Court held that they had done right, as the
work was a work of necessity or charity, inasmuch as it
enabled persons to go to church.
. _

Mr. Justice PATTESON—Yes; but it was held that
the cook baking rolls was not within the exception.
Mr. PHYNN remarked that the question involved in
this case was simply one of fact.
Mr. Justice PATTESON—And the magistrates seem to
have determined the point by their decision.
Mr. PHYNN said that was what he contended they
expressly dt cided, that the person came within the
description of the statute, and that the work was not
within the exemption there specified.
Mr. Justice PATTESON—YOU may take a rule to show
cause.
Rule nisi accordingly.

MARLBORO'-STREET—THIS DAY.
Mr. William Watson, a wine-merchant residing at No.
44, Craven street, Strand, was placed before Mr. Hard-
wick, charged with having violently assaulted Mr.
Alexander M'llougal, a solicitor residing in Charles-
street, St. James's-square, by striking him several times
with a horsewhip.
The complainant stated that last night, about eleven
o'clock, he was coming out of the Parthenium Club in
Regent-street, when the defendant flew at him and
caught him by the collar of his shirt, which he tore, and
struck him with a heavy whip which he had in his hand,
at the same time saying, "I shall always do this when-
ever I meet you." Defendant was proceeding to follow
up the attack, when a constable came up and immediately
took him into custody, before witness had the opportunity
of striking him (defendant) in his own defence.
Mr. Ledley, the Chief Clerk, inquired whether com-
plainant knew the defendant, and what was the cause of
his committing the assault ?
Complainant said he knew the defendant, but had not
the least conception what led bim to assault him. He
had not exchanged a word with him for some lour or
five years. Before that period it was his misfortune to
have advanced defendant a considerable sum of money
in his business as a wine-merchant, which, from some
misconduct on his part, complainant thought it neces-
sary for him to withdraw as best he could. That was
all he imagined that led the complainant to commit the
assault.

Sergeant English, 4 C, said ho was on duty in Re-
gent-street last night, when he saw the defendant pa-
rading up and down in. front of the Parthenium Club for
more than an hour. Witness watched him, and heard
a person ask him what he intended to do? Defendant
replied, " He meant to horsewhip a gentleman, and give
him a d-- cut of the head." Witness posted a con-
stable there to watch the defendant while he went round
his beat. About eleven o'clock he was passing again,
and saw the defendant go up to the complainant and
strike him twice with a heavy horsewhip. Witness im-
mediately went up and took bim in charge. He was
perfectly sober at the time.
The accused, when called upon for his defence, said—
lam extremely sorry to be placed in this position. Mr.
Mg/Algal, though now a solicitor, was for some time
my partner in the wine trade, and has for twenty years
been on terms of intimacy with me. Under the garb
of the strongest friendship he has utterly ruined me,
and I am now entirely dependent on my family for sup.
port. Being a solicitor, he had means, which I have
not, of resorting to stratagems for the purpose of con-
cealing his villany to me, and as the matter for which
I assaulted him was ono that the law could not
touch, I felt there was no other course for me to pur-
sue than the one I have ; and, but for the interference
of the pelice-constable, I should have chastised him
much worse. I know not the motives of his conduct
to me, but having gradually sunk in the wale
of society, compared with that which I had
when he first had any connexion with me
in business. This might have caused him to
show that vindicative lecling towards me which
caused me to chastise him in the way I did. For more
than five years he had pursued the same line of conduct
towards me, and last night was the only chance I had
for some time of meeting him. This is all I hsve to say.
A solicitor, who attended on the part of the com-
plainant, requested the magistrate not to deal with the
case summarily, as it was too serious a matter to end
here. He had no doubt that the defendant was not in
his right mind, and from conversation he had held with
him this opinion was, confirmed. He therefore wished
the case to be sent to the session.

Mr. HARDWICK directed the depositions to be taken
and ordered defendant to enter into his own recog-
n;z Incas in 80L, with two sureties in 40/. each, to appear
at Middles( a Sessions, now holden at Hicks' Hall,
Clerkenwell•grecn.

SOLAR &MTS.—The month of November has been
characterised, for these three years past, by the appear-
ance of very large spots oa the sun. At present there
is a very extensive cluster or series of connected spots,
which appear as one spot to the naked eye. The smallest
telescope or opera-glass may discern them as an oblong
mark on the sun, not far from the centre. The entire
length measures, in round numbers, upwards of a
hundred thousand miles of the solar surface; but its
breadth varies from fifteen to thirty thousand. About
twenty spots may be counted, the several penumbrte
running into each other with irregular outlines. The
dimensions were taken by a Cavallo micrometer, with
the image of the sun cast upon a white ground, which
reflects the divisions of the scale very palpably.—
Caledonian Mercury.
BYZANTINE AND SAACENIC ART.—The Spanish
influence in the low countries tended to spread and in.
fluence the use of a style of colouring, which, in its es-
sence, was then existing in their own country; and we
find throughout the Hotels de Ville and churches many
bold and even magnificent attempts at polychromatio
gold; At
r eitihße
vereuldog
websye, r
the
ea
ribs
ilisob,fstv
rya
anvidna
sucl
otet
pendantsd t ceilinghe
beingpavwemais a
black
ennszarle
dia-
mond tiles, black or red. In other roofings,'
ground,nn ct
effect.
the natural
soft-toned chesuutwas retained, and rich coloured bands
painted inimitation of By zantine Mosaic inlay, was'
extensively introduced. The cathedral at Liege, but
especially the church of S!. Jacques, stand almost alone
in the rich peculiarity of the polychromatic decoration
adopted throughout the vaultings; the design, more in
accordance with the refinement of Italian design and
feeling, but the great flow, rs of the vaultings are eastern,
though their treatment, and that o f the grand enclosing
foliage scroll-work, may be identified with some of the
best conventional designs of the period. The intense
effect produced by the use of deep blue and crimson
intersections,
is each vaulting rib, at their star-like
is remarkably grand and deserves the especial attention
of the colourist, who will also appreciate the exquisite
artistical variation of poly-chromatic effect, upon the
same design as exhibited upon the vaulting of the north
porch, where a cool, quiet, refreshing green, takes the
place of the richness of colouring displayed upon the
interior of the church.—Architect and Building Operative.
PLEASURES OF EMIGRANTS.--A German who tra-
velled the same road about this time, told me, "I go in
"flagon till 10 o'clock at night; it rain, den it freeze till
3 o'clock. Iso stiff I could not get off de waggon, dey
lift me off ; I drink a tumbler of warm brandy, and go
to sleep in de inn; I sleep two days, and not know it; I
very nearly die_"—Sir J. Alexander's "Acadie."
SADLER'S WELLS.—We are informed that a five-
act tragedy, by Air. F. G. Tomlins, secretary of the
Shakspere Society, and author of several works on dra-
matic art and literature, is in rehearsal, and will shortly
be produced at this theatre.

LONDON,

LORD MAYOR'S DAY.

The 9th of November may be a very gey and
jovial day in the city of London, but it is, never-
theless, a great nuisance. It obstructs business,
serves the purposes of pickpockets, and offends the
CDTIIIIIOII sense of industrious sober people. Still the
Lord Mayor's Show is looked upon as one of the
institutions of the country, and to speak against it
may be considered something little less than high
treason. This morning, big with the fate of turtles,
opened dull and heavily upon the mighty city, but
as the day advanced the damp hazy fog floating
over the glorious dome of St. Paul's gradually
disappeared, and civic functionaries and gaudily
attired footmen were heard to exchange
mutual congratulations upon being able, after all, to
exhibit their tawdry finery with the advantage of a
November sun. Long before the city had begun to
assume its wonted bustle and activity, the carpenter's
hammer was sounding forth the noisy note of preps-
tious, and throughout the line of the procession
rickety windows were secured, dusty flags unfurled, and
stout barriers erected, to stop intrusive vehicles. The
Mansion House, of course, was a scene of much
commotion, and during the whole of the
morning policemen, city marshals, and lively 1
flunkies, with immense bunches of flowers and
unexceptionable limbs, were flitting to and fro in a
dreadful state of excitement; while at the various
ward halls, beadles, whose shabby-genteel coats were
concealed beneath heavy cloaks fringed with gold
lace, were furbishing up their wands of office, and
drilling the ticketed supernumeraries who were en-
gaged in the pageant. At an early hour
the Lord Mayor was duly installed in
his civic palace, and his Lordship commenced
the duties and pleasures of his office by putting his ,
cook's abilities to the test, and entertaining his friends
and officers of the household at a sumptuous break-
fast. The well-known venerable coach of state,
drawn by six high-spirited steeds, expressly hired
for the occasion, and caprisoned in massive crimson
trappings, was then ordered to the door, and his
Lordship, attired in his robe and invested with his gold
collar, and attended by his chaplain, the Recorder, the
S wordbearer, the ponderous mace, and the scabberded
sword, entered the antiquated equipage and drove:off
to the Guildhall, followed by the sheriffs. Here fer
the first time he was welcomed and cheered by the
populace (?) as the " Lord Mayor of London," and
having partaken of a luncheon—eating and drinking
forming the principle, and certainly the most
agreeable, features in the ceremony—his Lord-
ship announced it to be his will and pleasure
that the procession should be arranged in the ordt r in
which it is to move. Accordingly the City Marshal
sets to work, and with the aid of a body of policemen,
whose rough top-coats and glazed hats, present a
singular contrast to the rich showy livery of
his Lordship and the Sheriffs, the men in brass
and steel, with their plumed helmets and
lengthy lances, are safely deposited in the
saddles of their powerful dray horses. The
procession was chiefly composed of dressed-up livery-
men, beefeaters, and porter drinkers; the state
carriages of the Sheriffs, the private carriages of
Aldermen, and the Lord Mayor's coach, guarded by
a company of Guards and a company of Lancers
(Prince Albert's Own), whose splendid bands added
materially to the effect of the exhibition. The proces-
sion having been formed after much shouting, noise, and
prancing about of unruly animals, a flourish of trum-
pets was sounded, when his Lordship resumed his
seat in the state coach, and onward the pageant pro-
ceeded, passing the Bank of England, going along
King William-street, and so on to London-bridge-
stairs, where his Lordship took water.
The river procession was made up in the usual
manner. First, there was his Lordship's barge, towed
by one of the City Company's boats, then the late
Lord Mayor's barge, and bringing up the rear was
a thick cluster of smaller craft belonging to the
several liveries. The wharfs and bridges throughout
the whole route were numerously crowded with
holiday-making folk, whose hearty plaudits, as his
Lordship and the late Lord Mayor (Sir
James Duke) passed on, could only be exceeded
by the rapidity with which a large quantity
of valuable gunpowder was wasted in firing salutes
from the different prominent points on the river. The
appearance of the procession, as it shot through
Westminster-bridge, was hailed by a tremendous
cheer from the workmen engaged in the new Houses
of Parliament. It returned in the same order as far
as Blackfriars-bridge, where the pageant was
again re organized, and the previous signal
of a flourish of trumpets having been given,
it moved along Bridge-street, up Ludgate-
hill, round St. Paul's Churchyard, down
Cheapside, and up King-street to the Guildhall. The
streets were lined with crowds of people, who ap-
plauded his Lordship most vociferously, while almost
from the window of every house fair hands waved
snow-white handkerchiefs, and tiny voices echoed
the cheering in the streets with ecstacies of de-
light.

ARRIVAL OF THE LORD MAYOR

AT WESTMIN STER.

COURT OF EXCHEQUER.
On the arrival of the civic barges at Westminster-
bridge, the Lord Mayor and the other City function-
aries disembarked, and having formed into proces-
sion, proceeded at once, through Westminster Hall,
to the Court of Exchequer. A great number
of persons had collected on the bridge to witness the
debarkation, and Palace-yard and the Hall were also
crowded with spectators. The Court itself was filled
in every part, and amongst the auditory were several
of the fair sex.

The subsequent proceedings will be given fully in
our next Edition.

A SHIPWRECK ON THE COAST

OF AFRICA.

The Messager du Midi of the 30th ult., relates the
following account of the shipwreck of the brig La
Lucie, of Agde, on the coast of Africa. The narrator
is one of the three men who were the heroes of this
lamentable story :
" On the 27th of June last the new polacca brig,
the Lucie, of 215 tons burden, and manned by a crew
of eight persons, including the captain, M. V. Lavaille,
left the port of Algiers in ballast, with beautiful
weather, bound for Goree and Gambia, where a cargo
of arachides awaited it, destined for Marseilles. On
the 13th, tit ten o'clock r M., the weather was dread-
ful ; the sea threatened to swallow up the vessel, and
a tremendous leak was soon sprung. Several manoeu-
vres to caulk the seams were tried in vain ; the
two boats used in these operations were hurled
against the side of the brig, and several of the crew
narrowly escaped drowning. Exhausted by fatigue
they resolved to await the dawn. When daylight
appeared, however, it only served to show the panic-
stricken mariners the fearful position in which they
were placed ;—the Lucie was wrecked on the coast of
the great desert of Sahara, which was the very anti-
podes of its course. The sea still raged with the utmost
fury. Various manoeuvres were tried, but without any
result. It was necessary to renounce them,!and to resort
to other measures. Each man then made a parcel
of his clothes; a sail served for the preservation of a
small quantity of provisions ; the mainmast was cut
down, and on this frail piece of wcod eight men
variously laden reached the shore, not without having
experienced the most cruel sufferings. havinglanded, the mariners raised a tent with the sail, and
reposed from their long fatigues until the morning of
the 15th of July, when they began their march
along the coast towards St. Louis of Senegal, more
than 100 leagues distant from the site of their
shipwreck. They were dejected and depressed in
spirits, and tears filled their eyes. On the evening
of the third day's march their scanty supply of water
failed them, and it was then resolved (horrible to re-
late) that their common urine should be collected in a
glass bottle, and this was for four days their only bever-
age. But the fifth day the bottle received nought but
blood, and salt water supplied the place of urine.
Eight days had already elapsed since these unhappy
wretches had bid adieu to the Lucie. In this arid
country, the soil of which was burning sand, no vestigt
of humanity had yet appeared to rekindle hope in
their hearts. The captain, however, still ut-
tered expressions of encouragement and con
solation. On the morning of the ninth day Cape
Blanco presented itself, and. the travellers descried
two Moors, who by signs gave them to
understand that they were near a habitation
where they would be favourably received.
' Courage !' cried our sailors, who directed
their steps towards the spot. 'They soon reached
a wretched cabin, whence a I,loor emerged,
and with loud vociferatious, laid hand on the small
t quantity of provisions that still remained to them.
The eight sailors allowed themselves to be robbed