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

IN THE MATTER OF DICE SDNBRE.

Mr. ROLT, immed:ately upon tir• con,lti,ion of the
Judgment in he case ot ‘• Prince Alot-rt v SA-a. g," or,
piwut to his Loriship to appoint oil 3 day to t,,ar -he
titon now lodgt-d -on b• half ot Mr. li)c
Sombre, upon the ground of tee trhrtie., petitiouitig
being in possession of very strong evi,tence, from some
of the most emir' nt ph3'.l,l,ans in London, as to the sa-
nity of Mr. Thee Soinnr--
The LORD CHANCELLoIt asked whither the petition
SOuglit for n. suspension et•lntlii::Si.,}ll?
bjr. IioLT said it (rid; but should his Lordship not find
sufheient evidence for supefseding 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 of the United Kingdom.
The LORD CHANCELLOR said he would hear the peti-
tioner next Friday week.
All the other 'equity courts sat to-day, and heard
motions, it being the first seal after Hilary Term, but
nothing of the slightest interest occurred in them.

EXCHEQUER.—(THIS DAY.)
(Sittirgs in Banco.)

SHARROD V. TILENORTH-WESTERN RAILWAY COMPANY.
'Phis action was brought to recover the value of a cer-
tain number of sheep, which, having got upon the rail
way, were run over by an express train and killed. It
was tried at the Stafford assizes before Mr. Baron Rolfe,
when a verdict was found for the plaintiff, leave being
reserved to move for a nomuit if an action tor trespass
would not lie. A rule having been obtained for this
purpose by Mr. Godson,
Mr. Sergeant TALFOURD, for the plaintiff. now showed
cause against the rule, nod contended th.t it ought to be
discharged. The difficulty in the present cae arose
upon the application of the very old and well-establisLed
principles of trespass to a new state of things, and the
question was whether the act which gave rise to the acci-
dent hal 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-
given by the company, whom
quences of the direction
he held wire alone liable. The engine-driver was not
in the situation of a coachman, but siinpl‘ formed a por-
tion of one great piece of machinery which propelled a
train from one stati.o t 3 anothtr, and which in the
course of its progress did that which was the subject of
this 'action. The cite 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 ?

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Mr. GODSON was heard in support of the rule, con-
tending that the engine-driver w..ts 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. IIuDDLEsToxE follo Ned 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. It so there could be nu doubt
that the company were resp,nsible in trespass.
Mr. Baron ALDERSON said the authority given by
the company to the engine•driver amounted, in fact, to
this—drive the engine at such a speed that it shall
average a certain race—do not drive over the sheep it
You can help it, but it it be physically impossible to do
lip, then drive over them.
The COURT, however, intimated that they would fur-
ther consider the case before giving their decision.
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COURT.—(THIS DAY.)
(Before Mr. Under-Sheriff BUECRELL.)
FROME V. CHILDS,
This was an action to recover damages for breach of
an agreement.
The
plaintiff in this action is a lady residing in De
vorishire, and the defendant is a solicitor in London. It
aPpeared that the defendant had acted as the solicitor to
the
Plaintiff, an:: in i; my last )(tar applied to her for the
loan of 2171., and agreed at the time to pay 7 per cent.
interest, and to
get a bond executed by three sureties
and to assign a policy of insurance on his life for 9991.
as a security for the repayment of the principal and in-
terest. The money was advanced, but defendant did not
Pet form his promise.
The defendant suffered judgment to go by default.
_nThe UNDER-SHERIFF said all the facts were admitted
a the amount ut interest was entirely a question fur
the jury,
s The 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-
Intirket, 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
first occasion when a verdict was given for the plaintiff,
the defendant having pleaded, but did not appear to
support his plea.
the defendant now pleaded that he was not indebted,
I:,ittietihtie.evidence on the part of the plaintiff was quite
claimed,conclusive, and
The defends 9g. 7s 6tl,
.iattl:se. jury give a verdict for the amount
COUNSEL urged that the action
should have been brought in the County Court.
Mr. THOMAS said if they had, defendant would have
pleaded his privilege to be sued in his own court which
all attornies
An application was then made to enter a suggestion
on the record, and for the writ to be retained.
The UNDER-SHERIFF said he had never retained a
?int on sly,.
gi ounds, and saw no rimon to interfere
In this case.

NORTH V. MILLER—SINGULAR CASE.
This was an action to recover a sum of money for
game t,upplied to defendant.
Mr. MAY, the plaintiff's attorney, said, that he held
a great number of ktte •s; which, however, he was not
ba position to put in, but would prove two admissions
y the defendant. He 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 c .uld not give evidence.
The UNDZR-SIIERIFF—That Is so.
Mr. MAY—Then I call the defendant's attorney.
Mr. TriomAs—You may " call spirits from the vasty
deep," but wdll they come?
The UNDER-SHERIFF—Who do you call?
Mr. i‘lAY—Mr. Collins or Mr. Rigby. There's one
of them sitting by Jr. Thomas, but he won't come.
The UNDER-:**HERlFF—Which of them is it ? Call
him upon his subpoena.
Mr. MAY—I have not got one, and I don't know which
which.—(Langlrer.)
Mr. THOMAS—Yoa had better be called your elf.
The plaintiff was " called" in due form—Z. e. noasuited.

SPORTIN G IN TEL LIGEN CE.
CHELTENHAII ANNUAL STEEPLE CHASES.

WEDNESDAY.
The Grand Annual Handicap o' 20 sous. each, h ft, and
5 Only if declared, with 1001. added. Four miles.
Mr. Oliver's rollaway, ilst 21b (Davis) 1
111 r. Vevi,rs's Vengeance, lOst
kr• Linkboy, lOst 61b
The following also rani—Kathl(en, lOst 81b—Kath •
'een, lOst 41b—Equinox, lOst 41b—and Justice to Eng-
land, lOst 21b.

Won by two lengths.
The Aristocratic Stakes of 10 sous. each, h ft if de-
clared, with a Cup added by the Ladies. Gentlemen
riders. 11st 71b each. Three miles.
_
Bedford's L.neoln (Capt. Peel) I
(,apt. Fraser's Kilkenny 2
jale;che following alto started: —The Jew, Anna, and
The Farmers' race was won by Mr. Taylor's Victoria
(o
wne„r) beating Resolute and six others.
INEWMARE.E COURSING MEETING.
INEDNESDAY—Exning Field.

The P Stake‘i
Lord Stradbrooke's Minorort beat Mr. Arabin's Ales.
Air. Buekworth's Brush beat Lord Strad brboke's Mercury.
Ai m
~
ITr' —°()(-137% Rattle beat Mr. Fyson's Formidable.
;1.2 l'Yson's Fancy Boy beat Mr. Lo acler's Lightfoot.
~.......irr: buincaltws oral's Blucher beat Lord Stradbrooke's Maid,
r• Dobede's Diamond b• at Mr. B. Smyth's Skyscraper.
Rutilla beat Mr. Dobede's Dreamer. .
Mr. Qillett's Great Western beat Mr. Vipan's Valiant.
The Derby.—First Ties.
Reiter ---- beat Druid—Desperate beat Hubert—Baron beat
liillLoconaotive beat Bruce.
, beat traraTblhee
neat Graceful
Ply Oaks.—First Ties.
Alderman peat s-
VerbenOalinarrdsat beat Bessie
e(susniedeßciedlel—d)M. Bell—Moreen
, The Cup.-First Ties.
Lar , ignora—Br .5 id, maid bent Boron—
(rider, beat Field-MArshal—Fanny beat Gay Lad.
Tile Exeing Stakes.
trr• IL The
Salisbury beat Mr. Dobede's Dacia.
Mr, Ring's Rosina beat Lord Stradbroke's :Mainmast.
1,, • P,yson's Faithful beat Mr. Vipan's Vespasian.
'lr. Leader's Louis Philippe beat Mr. Buckworth's Bard
•
G

Ih-"ERA'. THEATRICAL FUND.—A meeting of the
recto
rifordr, th secret ars was held yesty,erepordayrted, at the
to Lthye board that Mr.
ceum. Mr. Cul-
!e
..
alfe had kindly consented to direct the musical ar-
,s-gentents at the ensuing anniversary festival, at which
zit% Charles Kean would preside, supported by Mr.
Charles Dickens and a number of other literary and dra-
Ulaffe gentlemen, and on which occasion a third donatiot, of 100 guineas from the Queen would be announced, her
kl‘lajesty having been graciously pleased to become the
atroness of the fund. The respect entertained for Mr
isaffe 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 mentioner. Sergeant
Talfoltrd, Mr. Benjamin Bond Calabedll,\lMmr.SrCi3barr,les
Dickens, Mr. Charles Kcan, Mr. Maeread tnin Webster, Mr. T. P. Coolie, and IA BY' e j -
r. sstone. In
the last annual financi a account it was stated that the
capital then invested was 4,0141. 10s. Bd., and in the
hands of Mr. Bucitstone. the treasurer, 39/. Bs. 10d ,
raking a total ot. 4.053/. 19s. Bd. The receipts during
that year had been 7461. 9s. 41., wr.ile the expenditur.-
had only been 3501. 3s. 2id., teatime; a balance of 396/.
69. 2d. Since then the invested capital had been in-
creased to about 5,000/. After the customary routine of
husine.s (which contained no feature of any public inte.
rest) had been transacted, the board adjourned.
PATAL ACCIDF.NT.—OH Friday last IJr. M. Bever-
lhas ey, of Foncet, who formerly kept a pack of hounds and
followed the chase for the past forty years, met with
fatal accident. It seems that Mr. Beverley was out
Nl'ith the harriers and was about taking a leap, when his
horse refused, on which he was violently thrown over its
head, and fell heavily en his skta Some gentlemen
cede
up to him as speedily as passible, but to their deep
rrow they found that life was extinct.