The Sun.
London, England, 1849-05-11 00:00:00

ITALY.

The Roman Monitor of the Ist gives the following
account of the attack of the French on the 30th
ult.--

" Rome, April 30.
" The French are in full march upon Rome. The
following placard has just been issued:—
"On the first sound of the alarm bells the holy
sacrament will be exposed in the principal churches to
implore the safety of Rome, and the triumph of the good
cause.

" The Triumvirs—AßMELLlNl, MAZZINI, SAFFI.
"Nine o'clock, A.M.—The corps of Garribaldi is
waiting to receive the enemy. The enemy, without any
official notice, has come in view of Rome with a cannon.
In the direction of the Portese•gate firing is heard.
"Half-past Ten.—Tbe assault has commenced at the
Porta Cavelleggieri.

"A Quarter before Twelve.—The vanguard of the
enemy has made a retrograde movement. A body of
troops is taking up a position near the church of St.
Paul. Our people are advancing to the Ports Cavel-
leggieri with a red flsg.
" A Quarter-past Twelve—The French cannon fire
upon the bastion.
" Half-past Twelve—Garribaldi is attacking at dif-
ferent points. An exchange of musketry has taken place.
There is fighting at the Villa Pamfili. Rockets are
thrown at the greater bastion.

" One o'cloCk—The firing at the Villa Pamfili has
ceased.

"A Quarter before Two—The firing has commenced
again under the walls of the Vatican. According to an
estafette from the Vatican, there was a false attack to
make our men turn out. The bastion most warmly at-
tacked is that which occupies the most advanced point
of the Vatican, at which there are two howitzers. These
howitzers have been removed by our men, but we do not
know where to. The enemy's cannon have taken up a
position at this part. French rather lose ground at the
Villa
vte hasainradthey have moved to another part."
The published ;the following pro-
n"
Romans !—Our honour is safe ; God and our mus-
kets will do the rest. Energy and order. Be worthy
pro-
clamation:--
of your fathers. Let no voice spread alarming news.
Let no shot be fired iu the interior of the city. Let
every shot be for the enemy, and let every one cry Viva
la Republica.'

" THE TRIUMVIRS.

" April 30, Half-past One P.M."
" Three o'clock P.M.—Our people have fought at the
Porta Portese with great courage, in the name of God
and the people. The French cannon have become silent.
" Ten minutes past Three.—The French appear to be
discouraged.
" Twenty minutes past Three.—The French tirail-
leurs are falling back to their centre.
"Forty minutes past Three.—At the Porta Sancto
Pancrassia the French are beating a retreat; our tirail-
leurs put them to flight.
"Four o'clock.—The French cavalry fell back. Ponte-
Molle is menaced.
" Five o'clock.—All firing has ceased."
The loss of the Romans was 200 killed and wounded,
that of the French 600 killed, several wounded, and
452 prisoners.
By a decree of the triumvirate all strangers remain-
ing peaceably in the city are put under the safe-
guard of the nation. _ _

On the 29th of the Spanish fleet appeared off
Terracina, and summoned it to surrender, and the
summons was at once complied with. Shortly after
the King of NAPLES entered the town, and the
Spaniards formally gave the forts into the possession
of the Neapolitan troops.
General Ramoßnco, condemned to death by the
military tribunal, was to be shot on the 7th, at
Turin.

The Ministers of England and France resident at
Florence have announced that the Grand Duke has
neither asked nor accepted Austrian intervention.

HOP INTELLIGENCE.—WORCESTER, MAY 9.—We
continue to have a good demand for hops, and prices are
firmly maintained. All fine qualities both in new and
old have become very scarce.
THE DANES.—Dispatches from the Foreign-office
were sent down to Portsmouth on Wednesday, and
yesterday morning were embarked on board her Ma-
jesty's steam sloop Hecate, Commander Aldham, at
Spithead, and that vessel proceeded at ten A PI. for
Copenhagen.
UNITED SERVICE INITITUTION, WHITEHALL-YARD.
—Yesterday, at five o'clock, his Royal Highness Prince
Albert visited this institution, and passed some time in
examining the various collections. His Royal Hiehuess
was received by the Chairman of the Council, Colonel
Yorke.

THE IRON TRADE.—BIRMINGHAM, THURSDAY.—
Although the men throughout the iron district are to-
lerably well employed, it is to be feared that the products
of the furnace; are r!ther going to stock thin to supply
profitable comiurnution. The consequence is, that an
unsteadiness of price amongst the small makers is talked
of, and some difficulty exists
_in mantainina the quota•
tier's of last quarter.

IN RE WILLIAM SMITH O'BRIEN
AND OTHERS.

HOUSE OF LORDS.—(THIS DAY.)
WRIT OF ERROR.
JUDGMENT OF THE COURT BELOW
AFFIRMED.
On their Lordships taking their seats this morning,
Mr. O'CALLAGHAN resumed the argument which had
been interrupted by the rising of the House yesterday.
He proposed to discuss the second question which arose
in the case, with reference to the right of the prisoner to
have a copy of the indictment, and of the list of the
witnesses, a certain time before his trial. It aas said
the sixth count of the indictment imputed to the priso-
ner the " compassing the death of the Queen," and
though that offence was declared to he treason by the
361, Geo. 111., yet the compassing the death of the
Queen, which was imputed by the sixth count of the
indictment, was not such a compassing of the death of the
Queen as was declared to be treason in the other
statutes ; whilst the sixth count of the indictment was
founded on the statute of Edward alone. He took
leave to deny the distinction there drawn until it had
been recognised by the decision of their Lordships.
in this case to be law. Tbe Act of the 361 Geo. 111,
found the offence of compassing the death of the Queen
to be treason under the statute of Edward. It did not
profess to restrict the sense in which it so stood under
that former Act, or any specific intention to confine
itself to a certain class of cases which had been defined
to be treason under the former Act; it used over and
over again the same words which had been used in the
statute of Edward. It had been said the words "of the
person" were not to be read is connexion with the
words " compassing the death of ;" but was there any
distinction in the eye of the law between "the com-
passing the death of the Sovereign" and " the com•
passing the death of the person of the Sovereign?"
Even if the distinction existed, it was wonderful that
it should be relied on in the present case; for their
Lordships would find, on turning to the 6th count,
the first overt act which was laid was of such a cha-
racter as to shut out any argument on this
case founded on such a distinction. That overt
act imputed to the prisoner the entering into a conspi-
racy to put our Lady the Queen to death, whereas there
was no design of aiming at the life of her Majesty laid
in the sixth count, on which it would have been open
for the Crown to give evidence. It was idle to quibble
away that right by ssying, that though that offence was
declared to be treason by the s:th of George 111., a per-
son was net indicted under that Act, but, independently
of that Act—that was to say, under the statute of Ed-
ward. That was his (Mr. O'Calleghan's) preliminary
objection; and the reasoning he had pursued had found
acceptance in the mind of the eminent Lord Chief
Justice in the court below, and it was for that reason
that he (Mr. O'Callsghan) hoped to be ex-
cused for pressing it on their Lordships as
ho had done. He thcught he had established
that their Lordships had before them an indictment
charging a treason, in respect of which that right—.
namely, the right to have a copy of the indictment and
a list of the witnesses—was given, that was given in
England; and he then came to the question, whether,
taking the 57th George 111. and the 11th and 12th Viet.
together, the benefit of these two Acts was extended to
Ireland. One thing was clear, that their Lordships
would not have the slightest difficulty in determining
that in Ireland, as in England, the prisoner was so en-
titled. By the last Act it was clearly the intention of
the Legislature to extend to Ireland every provision of
the other two Acts, which were left unrepeeled in Eng-
land. There was no doubt about that intention, for it
was clearly indicated by the preamble of that Act; and
their Lordships were bound to give effect to that inter-
pretation if they could, seeing it was so clearly expressed
by the Legislature in the last Act.
At the conclusion of Mr. O'Callaghan's address
which closed the case for the plaintiff in error, ,
The LORD CHANCELLOR (after having retired for a
short time) said—l have been consulting the Learned
Judges, and I think it my duty to state to the house the
result of that consultation, and the course proper to be
taken. The Learned Judges having heard the argu-
ments of both the plaintiffs in error, inform me that it is
their unanimous opinion that the errors assigned cannot
be maintained, and that the judgment of the Court
below must be affirmed. That is my own opinion; so
that unless there is any doubt in the minds of your
Lordships, it does not appear to me that there will be
any advantage in pursuing the argument.
Lord LYNDHURST—I entirely agree with the opinion
expressed by the Noble and Learned Lord.
Lord BROUGHAM—I also entirely concur.
Lord CAMPBELL—I am quite of the same opinion.
Lord BROUGHAM then moved, formally, that the
Learned Judges should retire to consider their decision.
The LORD CHANCELLOR then reduced the question to
writing—whether the plaintiffs in error had maintained
the errors assigned—and put it to the Learned Judges.
The Learned Judges retired, and, after being absent
for upwards of an hour, returned into Court, when
The Lord Chief Justice WILDE delivered the judg-
ment of the Learned Judges. They were unanimously
of opinion, he said, that the plaintiffs in error had not
maintained their error. With respect to the question
whether the plaintiff in error was entitled to have a copy
of the indictment, the list of witnesses and of the jurors,
ten days before the trial, the Judges were of opinion
that plaintiffs were not entitled to have delivered to them
copies of those documents ten days before the trial.
The LORD CHANCELLOR said, raving heard the grounds
of the opinion delivered by the Learned Judges, he did
not apprehend that their Lordships would feel any diffi-
culty in coming to the plain conclusion which the
Learned Judges had come to. In his own mind, he
never had any doubt as to the result of those writs of
error. The JUDGMENT MUST BE FOR THE
DEFENDANT.
Their Lordships then retired at a few minutes before
two o'clock.

EXCHEQUER.-(T1-11S DAY.)
(Sittings at Nisi Prius, at Westminster.)
The Court was more than usually crowded this morn-
ing, in consequence of the expected trial of Speed v.
Newman, which stood third upon the list, and in which a
large amount of damages were sought to be recovered
fur an alleged criminal conversation with the plaintiff 's
wife. The trial of the first case, which was of en un-
important nature, occupied only a short time. The se-
cond one went off, and the jury having been sworn for the
next case, the auditors present were evidently preparing
themselves to hear an interesting series of detail, but to
their great disappointment Sir Frederick Thesiger, who
appeared for the plaintiff, got up and intimated that the
parties had agreed to a verdict for 1001.
Under the direction of Mr. Baron ROLFE the jury
accordingly found a verdict for that amount, and many
of the disappointed parties left the Court.

SECONDARIES'.-(THIS DAY.)
(Before Mr. Secondary POTTER.)
CASH AND OTHERS V. UPTON.

The plaintiffs sued, as trustees of the National Provi-
dent Association, to recover of the defendant, who had
been one of their agents, the sum of 30.54 13s. I Id. for
moneys received by him in that capacity.
The defendant suffered judgment to go by default, and
admitted that the accounts furnished to him in which he
was debited with the above amount were correct.
RAP V BA. HAEL.
Verdict for 3051. 13s. 11. d.

The plaintiff in this action is the well-known Sheriffs'
officer and wine merchant, and sought to recover the
sum of 131. 195., the balance of an account for wine
supplied.
It was shown in evidence that defendant opened a
club in Bury•street, Bevis Marks" and plaintiff; supplied
the wines and presided at the opening dinner. The de-
livery of the goods was proved, but for the defence it
was shown that part of the wine, bottles, &e., had been
returned, and that defendant was indebted in 61. 6s. for
dinner tickets. It was admitted by plaintiff's son that
some champagne was charged in error at 945. per dozen
instead of 845., and there were other discrepancies in the
accounts.

The SECONDARY said the plaintiff's mode of keeping
accounts seemed to be very irregular, and to a certain
extent overcharges were made out; it was, however, for
the jury to say whether the defendant had made out his
set off, which was greater than the claim.
The jury found for the plaintiff.

CRIMINAL COURT-(THIS DAY.)

NEW COURT.
(Before the RECORDER.)
THE PLEASURES AND PASTIMES OF A 'JURY.-0110 Of
the jury in waiting complained that during the last
three days he had been in attendance from nine till five
without being called upon to serve on the jury, and ap-
pealed to the Court to allow the jury in waiting to go
about their business.

The RECORDER regretted he could no! consent to the
proposal, as it might shortly happen that the jury in the
box might have occasion to retire and deliberate upon
their verdict, and then the jury in waiting might be
called upon to act.
The juror remarked that it was quite tedious to be
sitting in the court doing nothing.
Tne RECORDER said that could easily be remedied. If
the jury in waiting were anxious to serve, he could ac-
commodate them with a trial after one o'clock.—
(Laughter.)
The Juror was not anxious for that kind of activity.
What he wished to suggest was, that as the jury was
generally composed of men engaged in business, who
found it very irksome to have their minds and bodies in
a continual state of inactivity, a room should be pro-
vided for them where they could while away tho time in
reading the miming
amusement be inure evngeti:al to the t,,ste
and inclination ofindividual jui ors.—(Roars of laughter.)
The RECORDER could not for a moment entertain. the
suggestion, and as the juror had eutertaiued the Court

long enough with his little episode, he must request him
to sit down. The juries attending the court for the last
twenty years had suffered the same inconvenience as that
now complained of.
The juror took the hint, and resumed his seat ac-
cordingly.
Mr. Hemp, the officer to the Sheriff, fencying, no
doubt, that if the juror were allowed to remain with his
fellows he would inoculate them with his extravagant
notions of the rights and privileges of an Old Bailey jury,
took him out of the court, and freed him from attend-
ance on his own responsibility.

MARLBRO'-STAE.E.T-k

James Green was brought before Mr. Hardwick,
charged with having broken into a shoemaker's "bulk,"
occupied by a person named Robert Davis, 21, Great
Titchfield-street, and stealing several pairs of boots and
a quantity cf leather.
The prosecutor stated that this morning, about two
o'clock, he was in bed, when he was knocked up by the
police, who informed him that his bulk had been broken
open. On going to the place he found the door burst
open at-.d the interior of the bulk cleared of its contents,
consistini, of boots, boot legs, and a quantity of leather,
worth about 71.. The articles produced are his property,
and were safe in the bulk when he left *uric last night.
Morgan, 40 B, said about a quarter to two this morn-
ing he saw the prisoner coming out of the prosecutoi's
" bulk" with a bundle under his arm. He went towards
him, when he nit away. Witness followed him into
Nassau•street, where he sprang his rattle. The
prisoner then threw down the bundle, and was just
turning round the corner when he was stopped by another
constable, and conveyed to the station. At the latter
place the prisoner admitted breaking into the bulk, but
that he had thrown the implements away that he done
the job with. Witness then searched him, and found a
crowbar, a peculiar shaped hammer, a chisel, a pick-
lock, a box of lucifers, and a wax-taper, concealed in
his coat pocket.
The prisoner, in defence, said he was very sorry for
what be had done. It was solely through distress, as he
had been out of employ for five weeks.
Mr. HARDWICK committcd him for trial.

MONEY and UOIYIIIIhII,CIAL NEWS.
CITY, QU4RTER TO THREE.
The sales of Cotton at Liverpool, yesterday were esti-
mated at 6,000 bales, including 1,000 for export and on
speculation. In Railway shares little business was
done, and prices were a shade lower.
The trade in Mark-lane has again been dull, and
prices are lower for Wheat,with a fair supply of foreign.
There are no ship arrivals from distant parts with late
intelligence of any interest.
The Hawburgh mail brings adviess of Tuesday. Bills
on London were still in-request. The Mercantile Mar-
kets were dull, and the blockade was sufficiently strict to
prevent anything like a wholesome and safe course of
mercantile dealing. Certain concessions were made
at Dantzic by the Danish cruizers in allowing ex-
tended time for vessels to leave the port, and it
is not surprising that the Hull merchants should have
represented the matter to Lord Palmerston. If the
blockade is to exist, as we have before taken occasion to
observe, it must exist as an effective and not an excep-
tional one. At Dantzic, English vessels which had been
under repair, and were loading when the blockade re-
commenced, had received permission of. tree exit until
the 10th inst., and the charterers of the Dutch ships,
many of which had lost their freight by the
great fire that has occurred, were seeking an
extension of time until the 18th. Even this was
likely to he granttd, however, for it is manifest that
Denmark, seeing that it will be impossible to succeed
eventually against Germany, is desirous of conciliating
all parties.
At Frankfort, on the Bth inst., the Five per Cent.
Austrian Stock was 7.4ie and at Vienna on the sth the
Metallics were 89i.
The Produce Markets have been tolerably brisk this
week. There has not been an increase of export
orders fur the continent, but the home consumption
is good, and for Sugar especially there is a fair inquiry
at fuller quotations. The Indigo auctions are proceed-
ing satisfactorily, and at the public sales of Colonial
Wool, comprising about 20,000 bales, the prices thus far
seem to have been satisfactory. - We must wait, how-
ever, until the better qualities are offered.
The Funds are rather better to-day, the French Stocks
having improved yesterday. There is, however, appa-
rently, but little confidence in the existing state of
foreign politics., Console have been 91 to 914 for
Transfer, and 91i to il for Account, though the news
from the Rhenish provinces of Russia makes them now a
little weaker. Exchequer Bills are 465. to49s. premium.
Bank Stock is 1921 to 194. The New Three-and-a••
Quarter per Cents. nave been 90 to i.
The Foreign Securities have not fluctuated much,
neither, are they in great request. Spanish Three per
Cents. aro 33, and Portuguese Four per Cents. 28.
Mexican are 31 to -I. Russian Bonds have been 1032
to 105. There is a report that Lord Palmerston has
objected to Russian interference in Hungary. Dutch
Two-and-a-Half per Cents. are 494 to 50.
In Railway Shares there is not much doing, and
prices aro in many instances firmer. As soon as the
position of the lines is ascertained we shall probably
have a decided rally, for the " pears" have operated ex-
tensively and indiscriminately in numerous instances.
cies.: ciAx,n.. G
FR I oES OF linlTlBll FUNDS. O'CLOCK. FRICES
Bank Stock
3 per Cent. Reduced Arms ......
3:per Cent. Consols Annuities 91% 91 9114 90%
New 314 per Cent. Anna..... 90%34 9014
LongAnns. to expi re Jan. 1860 -16 8 9-16
Ditto, 30 years, Oct. 10, 1859 -16 8% 8%
India Bonds, 1,0004 ... .. 71 p
Ditto under 1,0001.. 7 l p 69 p
Consols for Account
Exchequer Bills. I%d. & 2d. .
1,000/. June 49 46 p 46 p
PItICItS OF FOREIGN FUNDS ONE OLOSINt,
O'CLOCK. PRICES
Buenos Ayres Bonds, 6 per Cent. - 35%
Equador Bonds 3%34 ' 35e
Mexican, 5 per Cent.- 1846, with Coupons .-- - En
Ditto, Account,
Ditto, Ex Coupons ...... .: —28? ii
Ditto, Account •• --23%
Peruvian Bonds, 6 per Cents — 62
Portuguese 5 per Cents. —
Ditto,4 per Cent. 2Bl/2 28%
Russian Bonds lO5 1033/4 104%
Spanish 5 per Cent. 1840.
Ditto, Passive
Ditto, 3 per Cent
Dividends on the above payable in London.
French, 3 per Cent s6f. 50c. 56f. 50c.
Belgian 4% per Cent
Dutch 2% per Cent., 12 Guild 4914 50 50
Ditto. 4 Der Cent. Certificates 76% 76%
PRICES OF PAID. :BUSINESS DONE CLOSING
RAILWAY SHARES. AT ONE O'CLOCK. PRICES.
Aberdeen
Bristol and Exeter 9O ..... 57 :re
Caledonian
Chester and Holyhead... 50
Eastern Coneties... ..... 20 ..... 7% N - 7%
Do. New, Gua. 6 perct. 10
Ditto,Extension,s per
- Cent, No. 1 6/.135. 4d.... ... 3EI P
Great Northern
Do., Ise A Deferred
Great North of England.loo ......231
Ditto. New, 301
Great Western 100 ..... 79% 80
Ditto, % Shares
Ditto, 14 Shares
Ditto, New 171...'..... 15 ... .. 10%%
Hull and Selby
- -

Ditto, Half Shares 25 ...... 461,4 46%
Lancashire & Yorkshire 93 . —
Do. Fifths
' Do. Thirds ......... ..... 15 ..... 5 ...
Do. (W. Riding Union) 9.. ... -- ......... - 3%,'a
Leeds and Bradford 50
London & 81ackwa11...... 12 !,ii —
London, Brighton, and
South Coast 5O ..... 36%% 36%
Do.Guarant. 5 per et.. 9 ...... 9%,.... ~ .. 94
London and N. Western 100 127 126 127
Ditto, New Quarters.. 7
Goad. &S. Western 5O ...... 33 34 . 3l
Midland .......
Do., do., 504 Shares... 25 ...
Do. Birm., and Derbyloo
Do. Consol. Bristol and
BirrninE,.., 6 per ct.... 100 ......123 12214 12216
Norfolk ... ..... 100 -
Do. Guaranteed 5 p ct. '2O
N:,rtla British ...•....... 25 .... ~ 12%
Ditto, Thirds .... -•• 814 -- - - 3%
North Staffordshire l7 is l2 % ...
Oxferd, Worcester, and
Wolverhampton
Shropshire Union
-
South Staffordshire 7% 3 ..... . . /s
. . 3
South Eastern .. . ...
33% 2O •
•• 193'
Do., Registered No. 410
Do., Scrip No 4
South Wales 3B ...... 16% 17% ...... 171/
2
Wear Valley 6 per Cent.
Guaranteed ... ..
Do. do. do. ... 25
-
York, Newcastle, and
Berwick.
Do. Newcastle Exten. 20
D ,-4 G.N.E.Preferencs 8
York and North Midland 50
Ditte, Preference
Do. East and Westßid-
ing Extension 25 .... 151% 15%
FOREIGN RAILWAYS.
Boulogne and Amiens... 20
Central of France (Or-
Viorzon )
East Indian
Northern of France-- 13
Orleans and Bordeaux.. 7
Paris and Strasbourg ... 10
Rouen and Havre
Tours and Nantez
MINES.
Barrossa Range Min. Co. 28s. — p nl.- - IA Pm

LLOYD'S sturviiNG--(THIS DAY.)
LONDON, MAY 11.—Wind this day at noon N.N.W.,
moderate brecv, and cloudy.

FALMOUTH, MAY 10.L1Willd variable.—Arrd. 9th,
Joven Elvira, Basterrechia, Matanza; Eioisa, Ydogaga,
ditto; Adolphe, Eckman, Cape Hayden for Ilamburz
PENZANCE, MAY 9.—The Sir Walter Scott, of Fal-
mouth (with copper ore), struck on the Lay Rock, near
the Rundlestone, yesterday, and hung head down, when
the crew got on board a schooner, bound eastward; she
is supposed to have gone down during the night.
LIVERPOOL, MAY 10.—Wind E. to N.E.—Arrd. 9th,
Elephanta, Cox, Mauritius; Sylph, Atsica; Ayrshire
Lass, Bryan, Buenos Ayres; Netta, St. Domingo;
Eliza!ath, Charleston, New Orleans. 10th, Sophia,
Bartlett, Honduras, and not from Sierra Done, as yes-
terday reported. Sid. 9th, Millman, Besten, 10:11,
Hants, Africa, Mediterranean, ditto; Dove, Valparaiso;
;
1.)0iI7-.;tf, NOVO.
Fiera, ditto; Agamemnon, Qube.c; Rankin, ditto.
PLYMOUTH, MAY I.o.—Wind S.W.--Arrd. 9th, S,
merget, Prior, Sierra Leone and Falmouth; 1-1,24,5.

Aliim; Wes' ; Indies. Sld. lath Louisa Baillie, Ade'
laide, South 6.ustralia.
DARTMOM 73, MAY 10.—Wind S.E.—Sld. Not eat
Labrador.
TOALAY, 10,—Wind S.W.—Std. Release, 81
John's, Nowfc ~w inland.
DOVER, MAX 10.—Arrci. E. 0., Rodrigues, Ilevaimak
for Antwerp.
DEAL, MA 1 o.—Wind N.W. moderate and cloudy
—Arrd. St: ecest , Kirton, Adelaide, South Australia,
Arrived from tt le River, John Munn, Parseno Ade-
laide, South Au altralia; Kate Kearney, Twomey,' C. C'
Castle. Sid. Ls Vander, Burbadoes.