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

sold at 23s for good ord, rather wormy, shipping sort. affidavits, and on the ground of surprise. The action
1,184 pockets Bengal 205 61 to 21s, and 1,160 bags fine was brought to recover 1,5501. under a policy of in-1
mid and fair 86s to 88s per cwt. Of Jamaica none surance in the Sun Fire-office, the house of the
has been submitted to public sale, and by private treaty plaintiff having been destroyed by fire. A. person
only small parcels have been made at froin 4/ to 13/105. named Kapatick had been employed by the plain-
Black Pepper has been in much better request, aad tiff to make out the claim, which he set
the parcels sold by private treaty were d per ,
lb advance ; at auction 3,750 bags were disposed of. ;;own at 1,5001., but when called upon to give
evidence the •
White is quiet at from 4d to Bd, and Pod at 30s to 50s trial he turned upon the plaintiff and
per cwt. Cinnamon, Ceylon, firrst sort is held for said that the goods destroyed were not worth more
2s 10d to 3s 55 ; second ditto is 6d to 3s 7d, and third than 8001., and that he had been induced by plaintiff
is to 2s Bd. Cloves have been sold to a fair extent ; to make out the fraudulent claim of 1,5001. Having
Bencoolen at is 7d to 21 Id ; Penang is 41 to is Id. been thus taken by surprise, they were unable to
African and Zanitar 7.4-d to 7d. call witnesses in order to contradict his statements.
SPlRlTS.—Jamaica Rum has been in excellent de- The result of the verdict would be entire destruction
wand this week for home use and export. whilst former to the plaintiff; he was a young man just entering
rates arc well supported for all sorts. Fine and good upon business, and if he lost the sum of money he
sarts 32 to 3S per cent. over proof have been selling at claimed, he would not only lose all, but his cha-
-2s 9d to 4s, and low to middling 28 to 32 over at 2s 4d to
teeter also.
2s 8d per gallon. In East India the sales made have
The COURT granted a rule.
been to a fair extent, and proof realised is 3d to is 3id;
at these rates there are not free sellers. Of Leeward
Island some parcels have been sold at 15 4id to is Sid
proof. Demerara has been in good demand at from 2s
to 2s 31 for 28 to 40 per cent. over praof.
BRANDY.—The value of Cognac Lest brands of 1848
is 4s to 4s 2d, and 1147 ditto at 4-.5 B'l to 4s 10c1 per
gallon. The demand for Geneva is Is 95 to is 10d for
urdinary, and fine at 2s 34 to 3s 34 per gallon. The
market for British made Spirit is quiet at late rates.
FRUIT —There has been no decided advance iu Cur-
rants since our last, but prices continue very firm. The
business done by private treaty has been very moderate.
Tsso public sales took place last Friday, consisting of
274 butts 110 crtls 139 bel3 and 84 boxes new Patras, da-
maged, a small pc:rat:in at 37s to 41s; and yesterday 80
butts, 45 crtls, and 9 barrels Pew Patras, and 9 butts,
9 eras, and 5 barrels new Zante, all damaged, were
effered by public sale ; only a few lots of a fine parcel
were sold, butts at 40s, and ertls at 41s ; the re-
meinder was bought in at 30s to 403 ; all the
Zante were bought in at 375. In new Va-
lentia Raisins a very large business has been douo since
Monday, varying from 41s to 43e. The price was put
up yesterday afternoon at 445. The market is now
better supplied with Turkey Figs. They are selling
!rat ly from 50s to 80s. Muscatels are still scarce, and
command high prices. New Sultans have sold at 54s

MIDDLESEX SESSIONS, Nov. 8.
(Before Mr. Sergeant ADAMS, Assistant-Judge, and
a Bench of Magistrates.)
John Johmson, a young man of respectable appear-
ance, was indicted for stealing the lock of a door, of the
value of 10s., the property of Henry French; and in
a sccond count the prisoner was charged with having
entered a certain house with intent to steal.
Mr. flonar appeared on behalf of the prisoner.
It appeared that the prisoner had been found in the
house, No. 1, King's-square, Goswell-road, which at
the time vl as untenanted, at two o'clock in the morn-
ing of the 231 of the last month. At the moment
he was discovered the prisoner was in the front par-
lour, and from the door of that room he had taken off
the lock. Upon his being searched a key was found
in his pocket which fitted the street door of the house ;
and be also had a screw-driver in his pocket. Prior
to this a kitchen copper, as well as a quantity of lead,

had been stolen from house.
Mr. nom said that the line of defence he had
to take was, that on the day preceding the morning
on which the prisoner had been found in this house he
had been drinking to an unusual excess, and had
quitted his house, No. 117, Britannia-street, City-
road, at half-past twelve o'clock at night, for the
purpose of obtaining more liquor. He soon found,
however, that all the public-houses in his own neigh-
bourhood were closed, and he went strolling on until
he arrived at Gosweli-street, where he expected to
find some house open. Whilst looking about he
observed several men leave the house in which he had

per cwt.
INDlGo.—Former rates are well supported for East
Itid.a, and both shippers as well as house dealers have
been buyers to a fair extent. On the part of held, rs
there is also firmness, and deliveries are much larger
than in the former year.
TALLOW.—This afternoon the public sales of Tallow
proceeded with fair spirit at full rates. Of Sydney 490
casks were sold at from 33s 9d to 36s 6d for low to flue;
1,200 pkgs South American, at 33s 3d to 37s per cwt.
Ons.—Orly limited purchases have been made in
Linseed Oil this week by home dealers, and the quantity
taken for shipv.ing has been small; prices have further
0, dined, and rule at 28s 6d to 28s 91 on
the spot. For delivery there are but few buyers
at present. For narmscel Oil prices are on
the sdvance, pale selling at 42s to 435, brown 41s to
41s 63, and pale Foreign at 43s 6d to 44e. For
Palm stiffer rates are paid, as the quantity on
offer is yet small; sales of fine have been made at 32s to
325 6d. Cocoa Nut is still not much wanted, and
there are sellers at from 30s to 35s for low to fine
quality. Olive met with less attention. Gallipoli is
offer( d at 441 to 441 10e, and other sorts at from 421
to 431 lOs per tun, still there is no decrease in the
consumption. Cod Oil has been in good de-
mand and the rates }aid have been 301 103
to 311 per tun, et .which the market is firm. There
are several buyers of Southern, but the supply at
market is small, and the rates paid have been from 311
to 341. Seal is held with flimness, still only limited pur-
ehat,e3 hale been made this week, pale at 391 to 39/
lOs, straw and tinged 361 to 381, brown and
yellow 321 to 351. Sales in Sperm to a fair extent have
been made; the rates paid for fine Colonial arc 821 to
831, and fur fieadmattet 841 to 851 per tun; on the part
of holders there is also firmness, and the supply at mar-
ket is not larger.

ultimately been found, and fancying at the moment
that it was r3/4 house wherein his sister lived, he entered
it, but had not been there many minutes before a
policeman made his appearance and took him into
custody. On the part of the prisoner he was
instructed to say that he was a most respectable
young man, and for fiva years had the management
of the Mogul Tavern, in Drury-lane, and had also
been in business on his own account as the landlord
of the King's Head, in Gravel lane, Southwark.
Ile accounted for the prisoner having had the key
which had been found upon him in his possession in

DuTen ru-sps.—AltBTEltDAsl. Nov. 5.
Bills.
Actual Debt, 2 4 per Cent ••• • • • • • 5314
Ditto, 3 per Cent ••••• • • • • • ........ 62
Ditto, 4 per Cent. ••••• • • • • • ........ 8
Amort Syndic, 3;3 per Cent ••••• • • • • •
East India Loan, 4 per Cent.. •••• • • • •
Spanish New 5 per, Cents.• • • • • • • •
Austrian 5 per Cents... ••.. • ••••••• • •

Money.
53%
63
8I

Ditto 3 per Cent., inland •.• • . • ....
Commercial Company, 4% per Cent • •
Exchangeon London, at sight •• .. 12 5
Two months... •.• • • • ...... 12

On liamburgh, at sight • • 34 87
Two months.• •••• • • • ...... 34 75
On Paris, at sight.. •• •••• •• 56 62
Twomontlis. •••• • • • • ...... 56 37

LAW IN'T'ELLIGENCE.
COURT OF CHANCERY, Nov. 8.
'HUBERT V. MORRIS.-JUDGMENT•

This appeal from the Vice• Chancellor of England
was argued before his Lordship about a year ago, and
stood over for judgment. The object of the appeal
was to deprive the defendant of anything but pauper
costs. It appeared that the plaintiff filed a bill against
the defendant, who appeared to it, and obtained an
order to defend in forma pauperis. Subsequently
the plaintiff abandoned his suit, and obtained an order
' for the dismissal of the defendant, which the Master
certified should be upon payment to him of paupers'
costs. The defendant, conceiving that he was entitled to
" Dives " costs, as he had succeeded in the suit, applied
to the Vice-Chancellor to send the matter back again
to the Master to review his certificates upon the basis
of full costs. His Honour took this view of the
matter and ordered accordingly, and the present ap-
peal sought to discharge that order.
The LORD CHANCELLOR this morning gave judg-
ment, and observed that in the report of the case by
Mr. Simmons it was stated that he had acquiesced in
the decision of the Master, which was a mistake. His
Lordship then alluded to the facts of the case, and
referred to the authorities, which he said were not
easily to be reconciled. The course, however, which
appeared to him consistent with principle and reason,
and also with justice, was, that no party should be
permitted to profit by the poverty of his opponent.
In the present case the person who had instituted the
suit had shown his inability to maintain it, and he
should not, therefore, be doing justice if he did not
award Dives, or full costs, to the defendant, who had
virtually succeeded in the suit.
-

LEWIS V. SMITH.

The LORD CHANCELLOR then delivered a judgment
in this case, which was argued before him on the
10th of November, 1848. His Lordship affirmed the
decision of the Court below on three of the points
raised, and decreed that the defendant should pay the
costs of the appeal.

ROLLS' COURT, Nov. 8.
DUGDALE V. DUGDALE.

Lord LANGDALE delivered judgment in this case.
The testator, on the 17th of December, 1839, made
his will, by which he devised to the plaintiff, William
Stafford Dugdale, 2,0001, to be divided amongst his
next of kin, paternal and maternal. The parties were
unable to discover who were the next of kin, and
prayed for a reference to the Master to ascertain
them. The amount of the fund was now, with inte-
rest, 2,563/. 3s. 4'l. The Master found that Charles
Bald win was the only next of kin on the maternal side.
The present petition was for the costs of establishing
the respective claims of the parties to the fund, and
the question was, whether the next of kin were en-
titled to any costs for making out their title. The
fund could not have been distributed without its being
ascertained who were the next of kin. Ile (Lord
Langdale) thought that the estate was liable to the
costs of the inquiry, and the money for that purpose
must be raised.

VICE•CHANCELLOR'S COURT, Nov. 8.
(Before Sir L. SIIADWELL.)
SAWYER V. MILLS.

In this case a gentleman named Mills devised certain
real property at Egham, in Surrey, to three trustees
(his sons) upon trust to sell and invest the proceeds
in stock, and accumulate the dividends until the
youngest child of his deceased daughter attained 21,
and then to divide the whole among the children, not
exceeding 2.300/., and should it exceed that sum, the
surplus to such as his sons as should be then living.
The estate was not sold, and the suit was instituted,
the bill stating that the trustees were accountable for
the rents, and setting forth an equitable mortgage of
the plaintiff's share, and on other property to his aunt,
Mercy Sawyer (now dead), for 2,7001., and another
for 1001. to one Cutler, on which Mercy Sawyer's
executors made a claim. The bill stated that the
plaintiff had a claim against Mercy Sawyer exceeding
her mortgage in amount, which was, therefere, only
the consideration of the mortgage, as would appear
on accounts taken, and if it did so appear, that
should be delivered up. The bill was filed again
the trustees and the other parties interested, charging
breach of trust in not having sold, for a sale, and to
take the accounts of the mortgages as well as the
estate. The youngest child of the testator's daughter
had attained 21, and the trustees were ready to divide
the 2,3001. under the will; but, as the plaintiff's share
was mortgaged, and that mortgage questioned, a
motion was now made on behalf of all the defendants
(except Cutler) to dismiss the bill against all the de-
fendants except Mercy Sawyer's representatives, such
defendants offering to pay the costs up to and includ-
ing this application, and to pay the plaintiff's share
into court. _ _

POLICE INTELLIGENCE.

BOIV-STREET.

Mr. Craig appeared in support of the motion ; Mr.
Stuart and Mr. Toultnin, contra ; Mr. Bethell ap-
peared for other parties.
The VICE-CHANCELLOR said that it was the simplest
thing possible; there was a dispute, and, if the
plaintiff were to pay the defendants what they
asked, there would be no question ; but that was
not the care. lie dii not understand that there
was any intention of paying Cutler, and therefore it
was a mere experiment. The motion must be refused
with costs.

COURT OF COMMON PLEAS, Nov. 8.
SMITH V. liAMILTON•
Mr. Sergeant BYLES also applied in this case,
which was tried before the Lord Chief Baron in
London, and in which a verdict was found for the
defendant, for a rule to show cause why there should
not be a new trial. The motion was made on

the following manner a---. The prisoner took some pre
raises at No, 41, Munster-street, Regent's-park, of a
Mr. Frew, a baker in Marylebone-street, upon which
he had laid out 1801. in fitting them up as a beer-
shop, but the publicans in the neighbourhood had me-
morialised the Earl of Carlisle as First Commissioner
of the Woods and Forests, as the property was
Crown property, and the result had been that the
Noble Earl had refused to permit a beer shop to be
opened in that locality. Upon this the prisoner com-
menced en action against the landlord to recover
hack the money he had laid out upon the premises,
and had retained the key, under the impression that
so long as it was in his custody he was in the legal
possession of the house. The prisoner had a wife and
child, the former being the daughter of a barrister,
whilst her brother had married the prisoner's sister.
The truth was that in this matter the prisoner, when
in a state of intoxication, had gone into the house in
question.
The landlord of the prisoner now gave him a most
excellent character, and went on to state that on this
particular night he had been " extremely tipsy," and
had gone out for the purpose of purchasing some
spirits. The house in which the prisoner had been
found was about three-quarters of a mile from Bri-
tannia street.
The Learr.ed JUDGE, in leaving the case to the
jury, said it was somewhat strange—and that was the
awkward fact in the case—that no satisfactory expla-
nation had been given in respect of the possession of
the key. It was, moreover, not a little singular that a
man should in the dead of the night, and in a state of
intoxication too, stroll by accident into a house where
he was found taking the locks off the doors, and that
in his pocket should be a key which would open the
street-door of that particular house. In his opinion
it was preposterous to imagine that a drunken man
would wander three-quarters of a mile from his own
home at such a time of night for the purpose of get-
ting something more to drink. The jury had heard
the evidence, however, and if they thought that the
prisoner had removed the lock with the intention of
carrying it away, they would find him guilty.
The jury gave a verdict of Guilty.
The Learned JUDGE then said there could be no
doubt but that the prisoner, however respectable he
might have been, had fallen into reduced circum-
stances, and had also, he feared, become an associate
of those who were not the most honest persons in the
world.
The prisoner denied the latter inference.
The Learned JUDGE said he would either postpone
passing sentence, in order that further inquiries might
be made about the prisoner and his circumstances, or
he would at once pass the sentence of four months'
imprisonment, with hard labour, upon him. He would
do just that which the prisoner wished.
The prisoner, after considering a minute, said, " I
may as well have it now."—(Laughter.)
The Learned JUDGE thereupon sentenced him to
four months' imprisonment, with hard labour.
John Fitzgibbon, alias Maloney, a deserter from the
10th Hussars, was indicted under the following cir-
cumstances :
The prosecutor, who spoke with the utmost diffi-
culty, in consequence of the frightful effect of the
injury he had received, stated that upon the 3d inst.
he was at the Orange public house at Colney- hatch
with several friends in the same room with the
prisoner, who was a stranger to them, when in the
course of conversation he assumed a very dictatorial
manner towards them, and in the end demanded
silence that an Irishman should sing. The prose-
cutor at once said that he would endeavour to obtain
silence, when the prisoner accused him with interfer-
ing with what did not concern him, and on the in-
stant pulled off his coat and ,began an attack upon
him. The prosecutor resisted this violence as well as
he could, but in the struggle he was thrown, and the
prisoner fell upon him, uttering at the moment a loud
yell, but quickly rose again with his face much
smeared with blood, and calling the attention of the
company to what he was about to do, then spat out of
his mouth something, saying, " D—n your eyes, look
there." The prosecutor was then assisted to rise,
when it was found that the whole of his under lip had
been bitten off. It was this lip which the prisoner
had spat out of his mouth. The company were so
much disgusted with the act, that they on the instant
took him into custody, and eventually handed him
over to a policeman.
The lip, which had been preserved in spirits, was
now produced.
The prisoner, in his defence, said that he was drunk
at the time, and did not know what he was doing,
but that as it had been sworn that he had done this
act, he supposed it was true.
The jury returned a verdict of Guilty.
The Learned JUDGE said that he had never heard
of a more savage, or ruffianly, or cowardly act. It
was even worse than the gouging system which had
been practised in America.
A sergeant of the 10th Hussara here stepped for-
ward, and said that the prisoner was a deserter from
that regiment, and that when he was released from
the imprisonment which he alight have to suffer under
the present conviction, he would have to undergo a
court-martial trial for his desertion.
The Learned JUDGE then sentenced the prisoner
to imprisonment and hard labour for six months,
adding that he was not at all sorry to hear that a
man who was such a disgrace to humanity would
eventually be further punished by the military au-
it thorities.

An elderly woman, named Rochester, alias Ann
Gately, was charged with obtaining 2s. 6d. from the
Rev. Henry Hutton, Rector of St. Paul's, Covent-
garden, by false and fraudulent pretences. Another
woman, named Robson, was charged as an accom-

plice.
The system by which the imposition was effected
is very generally practised by the mendicants :of the
metropolis. A short woman, answering the descrip-
tion of the second prisoner, called at a lodging house
in Bart-street, Covent-garden, about a week ago, and
inquired for a person by some name invented for the
occasion. She was informed that no such person
lived there. She then questioned the landlady as to
the lodgers in the second floor back, pretending that
she was in search of a poor family, and fancied that
they resided there. The landlady immediately gave
her every particular as to her second-floor lodger,
who was a widower named Lorman, having been only
recently left with a family of small children, the
eldest of whom was a girl of fourteen. Upon get
Ling this information the woman disappeared, and
communicated the details to Ann Gately, who usually
dressed as a widow, and on Tuesday, the 6th inst.,
waited upon the Rev. H. Hutton, at his residence in Hen-
rietta- street, to ask for some relief in the name of Lor-
wan. She stated that he was her son-in-law, and
had been lately deprived of his wile ; that he had six
young children, and that the eldest daughter had been
suffering from an attack of the cholera; that it was