The Sun.
London, England, 1849-02-15 00:00:00

THE SUN, LONDON,

5,0001. only was to be then available, for 10,0001.;
that a mortgage of the property at St. John's should be
executed by Mackay and Co., as a security for any
transactions which might be had between the parties ;
'and that the plaintiffs should have the absolute control
of all consignments, either by sale or otherwise, as they
might think necessary. In a letter from Mackay to the
plaintiffs, it was stated that the ship was launched and
was about to sail for the port of Liverpool—where the
plaintiffs carried on business—with a cargo of timber,
and in July Mackay sent to the plaintiffs a power of
attorney to sell the ship and bills of lading only, signed
by the master, with a specification of their contents and
an invoice. Subsequently Mackay and Co. became em-
barrassed in consequence of the failure of a house in
Liverpool, and eventually stopped payment. The vessel
and cargo were sold by Mackay and Co. td the defend-
ants, Crane and M'Grath, who afterwards re-sold to
the defendants Rankin and Co., who then consigned the
ship to Rankin, Gilmour, and Co., another branch of
their own firm, at Liverpool. The plaintiffs allege these
transactions on the part of Rankin and Co. were done
with a knowledge of the failure of Mackay and Co , also
of the previous consignment of the plaintiff's; that the sale
to Rankin and Co. was only colourable, and without a
valid consideration, a bought note, not negotiable by
them, being the only payment made to Crane and
M‘Grath; and that, in fact, Crane and M`Grath were
themselves only trustees for Mackay and Co.
The Solicitor. General and Mr. Cairns were counsel for
the plaintiffs; Mr. Wood and Mr. Tillotson appeared
for the defendants, Ri..nkin and Co.; and Mr. Hether-
ington was counsel for the assignees of Mackay and Co.

EXCHEQUER.-(1 HIS DAY.)
The Court sat to thy in Banco, and took the demur-
rer papers, but no case of importance came on during
the morning.

COMMON PLEAS.-(THIS DAY.)
The Court of Common Pleas did not sit in Banco
,o-day.

SHERIFFS' COURT.—(THIS DAY.)
(Before Mr. Under-Sheriff BURCEELL.)
BELL V. BROMAGE.

This was an action brought by the plaintiff, as public
officer of the National Provincial Bank at Leominster, to
recover of the defendant, a farmer at the same place, the
sum of 2521. 4s. 3d., for money advanced, &c.
Evidence was aduced in support of the claim, and as
the defendant did not plead, a verdict was given for the
amount claimed.

I3IPORTANT CASE-CROCKFORD V. TUCKER.

The plaintiff in this action sought to recover the sum
of 51. 135., for certain numbers of the Law Times supplied
to defend-ant.

Defendant pleaded that he was not indebted.
On the part of the plaintiff, it was shown that plaintiff
is sub-editor and publisher of the Law Times, and de-
fendant is a solicitor at Chard. In 1844, a letter, signed
" Arthur Tucker, Taunton,"—but he resided at Chard—
was sent to the office, directing the Law Times to be
furnished regularly, and it was sent down by the post
for two years. Defendant was written to for payment,
but did not reply till proceedings were threatened.
Mr. J. W. SAUNDERS, for the plaintiff, said it could
scarcely be conceived that there were two solicitors of
the same name in a small town, or that if the papers did
not reach their destination, some at all events would not
have been returned by the Post•ofce; but, nevertheless,
if the defendant would now pledge his honour, as a gen-
tleman, that he did not give the order, that he did not
receive the invoices, that he knew nothing of the papers,
and had not received them, the action should even now
be discontinued.

Mr. F. EDWARDS, the defendant's Counsel, said the
defendant was willing to state upon oath that he did not
give the order, and that he had only received a few
papers at intervals, and that he considered they were
sent to him on approbation, as papers were frequently
sent to him in that way, and he never considered he
would be called upon to pay for them.
The UNDER-SHERIFF did not think that the defendant
could be examined even by consent of all parties; but,
perhaps, the explanation given would be satisfactory,
for it was well known that papers were frequently sent
in the way mentioned, and few people had more than
lawyers. He himself had a great number sent.
Mr. SAUNDERS said that there had been applications
made each half year, and defendant, therelore, must
have been aware he was to pay.
Chalky, a clerk in the Law Times office, was called
to prove that the papers had been duly posted, and
that on each cover there was the address of
the Law Times office, and that none were returned
They were not put in at the post-office, but were put
into a post-office bag at the Law Times office, and the
mail-cart called for them. The papers were directed—
" A Tucker, Chard." The word " solicitor" was ge-
nerally printed.
In cross-examination, the witness said that he did not
know that a Mr. Edward William Cox was editor and
proprietor of the paper, and that Mr. Crockford was
merely a servant. Had heard plaintiff say Mr. Charles
Cox was the proprietor.
The letter in which the order was given was tendered
in evidence; but as it was admitted that it was not in
the handwriting of the defendant, an objection was taken
to its being received. . . .

Mr. SAUNDERS contended that as it had been shown
the papers had been sent to defendant, it must be pre-
sumed that the order had been written with the know-
ledge of the defendant.
The UNDER•SHERIFF considered that the letter was
not admissable.

Mr. EDWARDS contended that the plaintiff had been
nonsuited, first, on the ground that the plaintiff was
only a servant, and could not maintain the action, as
Mr. Edward Cox had admitted his brother was the pro-
prietor of the paper; and, secondly, there was no proof
the paper ever reached the post-office.
The UNDER-SHERIFF said that he considered that
there was evidence to go to the jury on that point, and
if the defendent chose to submit to a verdict, he (the
Under-Sheriff,) would reserve the writ, in order that
an application might be made to the Court above on the
point, whether there had been evidence to go before the
j ury.
Mr. EDWARDS said he would prefer going to the jury
on the whole case.

The case which had occupied nearly the whole of the
morning was proceeding. Witnesses Ling called for
the defence.

THE CALEDONIAN SOCIETY'S ANNIVERSARY BALL
—This ball took place last evening, at the Hanover
Rooms, where a numerous and gay company assembled
to partake of the amusements that the directors of this
society always offer their friends. The rooms were
tastefully laid cut, and decorated with armorial emblems
and clan tartans. Over the boxes were various flags,
with Scotland's in the centre. Dancing commenced
shortly after nine o'clock, the music conducted by Mr.
Guiness and his accomplished ban.l, who introduced, for
the first time and arranged expressly for the occasion, a
Scottish Medley Polka, comprising a variety of beautiful
and appropriate melodies, which seemed to give great
&light. The juvenile band of the Royal Caledonian
Asylum were also present, and gave increased interest to
the scene. Mr. Mackay and Mr. Byford had their
management, playing between the dances various
marches and other music. Supper was served at
one o'clock, in the spacious hall, presided over
by Captain Lamont, R.N., the Pesident of the
Society. The arrangements for the comfort and
satisfaction of the members' friends and guests were
so complete, that it would be ungracious not to mention
them. The Gallant Captain, whose philanthropy is
widely known, proposed " Her Majesty's health," and
afterwards " The Ladies," which were received with
due honours. The company resumed dancing after-
wards, and continued its pleasures till an early hour.
Those who honoured the ball with their presence last
night will, we are sure, ever remember it as one of great
enjoyment, and especially so when they know that any
profit that may have been derived from it, will be placed
to an excellent and praiseworthy object, instituted by
the society and its President, of accumulating a fund for
apprenticing the orphan children educated at the Cabe
donian Asylum, of which we believe her Majesty and
Prince Albert have signified their approval and patron-
age. Among the many present, we observed some of
the society's earliest and best friends. Captain Forbes,
we regret to hear, was absent from indisposition.
M. DE BALZAC AND MR. WARREN.--In a recent
number of the Revue des deur Mondes, in the course of
an elaborate criticism on " Ten Thousand a Year,"
written by M. Forques, an eminent French critic, there
occur the following striking contrast between the two
French and English novelists above named. We con-
sider Gammon the real hero of this mixed drama, which
at once resembles Othello and Les Plaideurs of Racine:
the Satan of this epopceia, which brings to one's memory
at once "Paradise Lost," and the "Lutrin." Consum-
mate skill: perfect hypocrisy: indomitable energy: un-
bounded ambition:—there you have Gammon! lie was
no common ruffian, hardened and irredeemably lost
in the complex meshes of his dark deeds. His
intellect was too great, his ambition too
high, to allow of his engaging in any paltry plots or
schemes. Gammon, debased by his means, was not so
by his ends. A strange and jealous clinging to his own
dignity, an anxious care for the esteem and approbation
of society, survived that irreproachable honesty which
would have secured both. This perjurer—this forger—
this (for we must speak out I) thief, is yet stens, proud,
haughty. His soul, polluted perforce a thousand times,
still remains susceptible of generous emotions. And
that pure love which it yet could feel, proves that it was
not innately degraded. This is thrown forth into bold re-
lief, and thus is individualised this remarkable
character. We dwell much upon it, because
both as regarding human nature and local circum-
stances—as touching the strongly defined lights and
shadows which are yet so harmoniously blended to-
gether, we have not among all the creations of modern
novelists, found one so exact, so true, so complete. Let
us institute a comparison between Gammon and that
galley-slave whose wonderful avatars M. de Balzac
takes such delight in telling ! The fantastic apparition
will vanish in the presence of that other image, so
strongly conceived and reproduced : the silly, weak
sketch will turn pale by the side of the truthful and sub-
stantial painting ! Again, how far above M. de Balzac
rises Warren ! He troubles not our conscience; he shakes
not eternal principles, nor wholesome faith. lie strips
not even the wicked of all claim to our compassion; and
ho knows how, without offending, our just discernment,
to make us feel a deep interest in the painful expiation
of a criminal punished by hims( lf. And now—let us
boldly put the question—is not genius far better thus
employed, and the cause of art itself further advanced,
than by an author who considers it his greatest glory to
place some chimerical crown of light on the smooth, but
polished, forehead of a miserable convict?
ACTS OF PARLIAMENT.—A return moved for by
Mr. Drotherton, M.P. for Salford, :.bows from 1542
to 147•48 inclusive, tli,xe were liaised Ly the Imperial
Parliament 2,463 Bills, of which 830 were public, 236
private, and 1,397 kcal and personal Acts.

LYCEUM THEATRE.

Last evening the performances were by " special
desire," her most gracious Majesty and Prince
Albert honouring this attractive and elegant theatre
with their presence, to witness the performance of
Planche's very successful extravaganza, The King of
the Peacocks. The august party arrived shortly be-
fore eight o'clock, and were received at the theatre
by the heads of the establishment, who conducted
the illustrious visitors to the royal box. The whole
of the performances passed off with peculiar success,
and the beautiful fairy burlesque extravaganza was
more than usually effective. The witty dialogue and
pungent satire seemed last evening more telling, the
songs and parodies more clever and amusing, and the
brilliancy of the scenery, the gorgeousness of the
dresses and appointments, and the acting of the whole
of the characters more admirable than ever. The
whole of the performance, indeed, passed off with
the greatest eclat, and was evidently highly ap-
preciated, not only by the royal and distinguished
visitors, but by one of those densely-crowded
audiences which have since Christmas nightly at-
tended this favourite theatre. An attempt was
made by some part of the audience to pub-
licly notice the presence of royalty, but the
better sense and good feeling of the vast majority
prevailed, and the royal party enjoyed the entertain- ,
meats of the evening undisturbed by any obtrusive
yet loyal demonstration. This is the more to be re-
joiced at, as the noisy and general notice usually
taken of the presence of the Queen whenever her
Majesty honours our theatres with a visit incog.,
we really believe tends to lessen the number of those
visits, which are of such great advantage to the
theatrical profession. The laughable farce, The Ap-
peal to the Public, was also very successful in raising
constant and hearty merriment. Mr. Charles Mathews
was all life and spirit as the hero, and his exer Lions
were repeatedly recognised and rewarded by all
present. The Queen and Prince Albert were at-
tended by Lady Gharleniont, the Hon. Miss Caven-
dish, Lord isistowel, Lord A. Paget, and Colonel
Seymour.
.The house, as already observed, was
crowded.