The Sun.
London, England, 1849-11-17 00:00:00

LAW INTELLIGENCE.

QUEEN'S BENCH.—(THIS DAY.)
The Court was occupied the whole of the morning
in hearing appeals from quarter sessions with respect
to the removal of. paupers, but they were not of suffi-
cient public interest to deserve a, report.

(COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco before the LORD CHIEF JUSTICE,
Mr. Justice MAULS, Mr. Justice WILLIAMS, and
Mr. Justice TALFOURD.)
TOGAS V. HARRISON.

This action was brought to recover a sum of money
which the defendant had agreed to pay, under con-
tract, for the purchase of a ship, and it now came
before the court in the shape of a special case, the
point to be decided having reference to the validity
of an award which settled the amount to be paid by
the defendant.

The Court delivered judgment this morning,
stating they were of opinion that the verdict should
be entered for the defendant on the several issues
which were joined on the record.
Verdict entered for the defendant accordingly.
DRAYER V. DE TORRI.

This was an action instituted before Mr. Justice
Cresswell, at the first sittings in Middlesex during
the present term, when a verdict was found for the
plaintiff—damages 201.
Tvl r. Sergeant BYLES now applied to their Lord.
ships for a rule to show cause why there should not
be a new trial, and he did so partly on the ground
of surprise, and partly on the ground of the amount
of damages. A rule had been taken out by the
defendant for a special jury, and when the
case appeared in the trial list an application was
made to one of their Lordships, Mr. Justice Talfourd,
who was then sitting at Nisi Irius, that such a jury
should be granted, but he said he could not inter-
pose in that stage, as the case had not then been
reached. Mr. Justice Cresswell sat next day, and
when the case was called on he (Mr. Sergeant
Byles) protested against its being tried by a common
jury, but his Lordship—and he was not prepared to
say he was wrong—decided against him, and the
case was accordingly tried by a common jury. The
defendant was absent in Germany at the time of the
trial; they made the bast defence they could for him
under the circumstances ; arid if the Court thought
fit to give any relief in the present instance,
he was quite aware it would be on the understanding
that the costs of the application were to be paid by
the defendant. This was an action for trespass,
.ssault, and imprisonment, and the defendant pleaded
the general issue. The circumstances of the case
were of a very peculiar nature. It appeared that the
defendant, Count de Torri, was a foreign nobleman
—he believed a native of Constantinople—who was
possessed of a considerable fortune, and he came to
this country and took a house at No.
1 A, Gordon-square. No doubt existed either
as to who the landlord, or who the tenant
of the house was, for the landlord was
called and the lease was produced. It appeared that
the lease was made to the nephew of the Count, and
that the Count was the tenant and had to pay the
rent. In the course of the trial it turned out that
there was a person of the name of Myers, who
formerly kept a curiosity shop, and was called Doctor
Myers, and he managed to insinuate himself into the
confidence of the Count, whose secretary lie proposed
he should be, at a salary of 1,0001. a year. It
appeared further that he made a claim upon
the Count for salary at the above rate, but
did not succeed in getting any money from
him on that ground. However, a very extraordinary
occurrence took place on the 18th of May in the pre-
tent year, and it eventually resulted in the bringing
of the present action. About two o'clock on that day
as the Count, after the custom and manner of his
country, he supposed, was sitting smoking in his
dining- room, some people came to the front of the
house and got down the area ; they consisted of three
or four men, and they opened one of the
area windows and went into the kitchen.
They then proceeded up stairs into the
dining-room, and told the Count that they had come
to distrain for rent to the amount of 141., which was
due to this man, Myers. The gentleman became
alarmed ; he entreated them to go out; they declined,
and he at last said, " Now, tell me what you demand,
end I will pay it." The Count, however, had some
English servants in the house, and they advised him
hot to pay the money, and he did not pay it, and the
consequence was that the men continued in
possession. In the course of a very short time,
half an hour or so, another body of men
made their appearance at the street door; they
Lntered the house, he would not say improperly,
because the door was opened and they might have got
in without any difficulty. The plaintiff Draper was
one of them, and they said they had come to seize the
furniture under a bill of sale, and they insisted upon
removing it. The Count protested against
such a course, saying that he never executed
a bill of sale, and knew no more about them
than he did of their execution. The men were, how-
ever, inexorable, and he sent to Mr. Baltazey, who
was banker to his Imperial Majesty the Sultan, and
requested his advice and interference. Mr. Baltazey
dispatched a messenger to Mr. Aldibert, a coachmaker
in Lung-acre, whom he had employed, and that person
went to the house and saw the parties, but could not
induce them to quit possession. They then proceeded
with the distress, some taking up the carpets, and
others pulling down the curtains and removing the beds.
Mr. Aldibert advised the Count to send for an attorney.
A messenger was accordingly started off to Messrs.
Wire and Child, the defendant's attorneys, who sent
lack their managing clerk, who inquired of the par-
ties what authority they had to proceed in the manner
they did. The bill of sale was produced, and it did
not purport on the face of it to be a bill of sale
made by Count de Torri at all, but

~
LONDON
.
THE S ',-;:: N
- __
d)oth' was a bill of sale from Myers to a person' NAVAL INTELLIGENCE. • PRICES OF SHARES
Que-
of the name of Braham, who was also an advertising PORTSMOUTH, Nov. 16.-The Court are expected IN BANKS, ASSURANCE, AND OTHER COltt.
medical man. The managing clerk pointed out the at Gosport, en route to the Isle of Wight, on the PANIES' STOCK.
impropriety of their conduct, and the impossibility of 21.4 inst. LONDON, FRIDAY, NOVEMBER 16.
..) their having any justification, saying that the bill of The Leander, 50, Captain Deere; was paid al-
sale itself did not show that it was made by the trance at Spithead to-day by Rear-Admiral Prescott, _
70INV
-STOCIC. Aa.TelitS..
[with Count; but they said that did not signify, and that C.B. She will sail to-morrow or Sunday. Dividend Amount
I was they should insist upon removing the goods, A brigantine, reported to be the Kestrel, Lieut.- Name of remPanY• per of raid, Price,
pples, whereupon the police were called in; but on Commander Baker,i from the Brazils, has come up -- ..___AnLleat' snare. - rapes, ascertaining that it was a distraint, and that to Spithead since sunset. A pilot from Spithead pro- £a.d.£ c d.
31.
par
eee
rrr
ceeenntt . . cent. 40 0 0 40 0 0 -
6d to the parties claimed under a bill of sale they refused nounces her positively to be the Kestrel.
CeylonB.l, jasttsrhalaosritah.
A. .m. .0.4;4.;
51. per cent. 50 0 0 5o 0 0 -
Is 6d to interfere. The managing clerk was, however, not The Scourge steam-sloop, Commander Lord F. H.
Cotereereal Li.. 25 0 0 25 0 0 -
r half satisfied, and he went to the police-office, saw the Kerr, went out to Spithead this afternoon, after being too 0020 0 0 -
ts, 3so.denial. .•• .............Si. per cent. 100 0 0 25 0 0 -
inspector, and requested his interference. He also paid advance. •Gloucestershire .. -• • 15/per cent. -
burgh
- - said if the parties claimed a right to take away the The American frigate St. Lawrence, 46, Captain lonian ........ ••• • • • 41. per cent. 25 0025 0 0 -
r lb ;
Lorain and Westminstr 6/. per cent. 100 0 0 20 0 0 25
furniture he could not interpose, but if he made Paulding, passed through Spithead on her way to, Ditto
anuto,
•••••••••••••• 13 0 0 -
!mops, a charge of felony against them ho would take Cowes, where she anchored this afternoon at half- London Joint-Stock ... 61. percent. 50 -1; 0 10 0 0 173
nions, them into custody. A charge of that nature past two. She did not salute the Admiral's flag on Pcovincial of Irelan4.. Ml. per cent. 100 0 0 25 0 0 -
Ditto, New.- ... • • • 8/ percent. 10 0 0 10 0 0 -
rocoli, was ultimately made, the inspector took them into passing. Vatlonal of Ireland •. 51. per cent. 50 0 0 22 10 0 -
15 6d custody, and proceeded with them to the police station. The Hecate steam- sloop, Commander Shadwell, Nat. Provncial of Eng. 61. per cent. 100 0 0 35 0 0
•• •• -55.1. per cent 20 0 0 10 0 0 -
617.,
?pee;
cceeinitt..
SonDtlitluNsterwalia• ::
6d to The Count followed in his carriege end the charge weighed and left Spithead this morning at seven
22 10 0 -
dozen having been entered, they were locked up fur the for the United States with Sir H. Bulwer and suite union et Australia.... 25 -0
0 25 0 0 -
lone- night. Next morning they were brought on board. Ditto ........ ••• • • . 61. per cent. - 210 0
indle; before the magistrate, but discharged. The In Harbour-The Victory, Illustrious, Excellent, ganiignn eerf Madrid - - 61. par cent 50 0010 0 0 11%
6d to
-- 1,1 0 0 40 0 0 -
9d ;
consequence was four distinct actions, one Blenheim, Victoria and Albert, Fairy, Elfin, Myrtle, ____
d per
of which was the present, were brought against Fanny, and Portsmouth. ZIVBITIZ.H.WCZ CO2YrH,ItT3MS.
To- • the defendant. As he said before, the plea was the At Spithead-The Leander, Scourge, and Pandora. Name of Company. Dividend
of Paid. Prig a.
end Amount
Arti- general issue, but he submitted to his Lordship, that In the Basin -The Actaeon Contest, and Annum. Share.
Is 6d if the bill of sale was a mere artifice the parties were Sprightley.
t s d 0 X, s
rooms, guilty of open felony er robbery, or something very In Dock-The Princess Charlotte, Fox, Daunt-
,eaderi .............. VAN. 500 O 5 64 0
.
id per near it, and the Learned Judge said he was not pre- less, Fantoine, Lily, Birkenhead, Devastation, and Alliance Brit. and For. 711456 d& bs 100 0 0 10 1 0 0 19%
miles; pared to say that the decision of the magic- Bloodhound. tette marine.- -•• 61. per cent. 100 0 0 50 0 51i
A.:las•. .
is per trate was altogether correct. He believed also In the Steam-basin-The Sidon, Penelope, Ajax, British Commercial.. 7s. per share 50 0 0 50 0 -
that the Learned Judge was very much dissatisfied Urgent, Fire Queen, Pike, Asp, and Blazer. Uleriel,Med.& Gen. Life spr et.& bs. 100 0 0 10 0 0 19
Caunty .. ...... .. •• •• 31. 100 0 0 10 0 0 60
with the verdict. There could be no doubt that a Building-The Royal Frederick,- 110 ; Prince of era, .............. 14e. 50 0050 0 14
Od to gross outrage had been committed on this gentleman; \Vales, 120; Princess Royal, 90; Argus, stearn-sloop %tele.- - - •• 6s. 50 0 0 50 0 -
abbits,
L tr.& Scot. Law • • 5/. per cent. 50 0 0
Europeaa Life ...... 414 per cent. 20 0 0 A2lllp2ald6. -to
ns, 53 the result was four actions against him, in one of (to be followed by the Royal Sovereign, 120); and
each ; Which the damages amounted to 201.-a circumstance the Furious steam sloop (to be followed by the Marl- nentteEnrerwinetsec. 41. & es. 100 0 0 4 0 0 _
as Od which seemed very lekely to impress him with a sin- borough, 120). Preemasons' .•••• • • • • 61. per cent. 20 0 0 3 0 0 -
cite.e - 61. per cent. Stock.
II - 121%
DUple ; gular idea of English justice. PaRTSMOUT GARRISON. Giarillan ............ 51. 100 0036 10 0 491/2
Eggs, The Court promised to consult Mr. Justice Cress- TiLijor Harvey, half pay unattached, is re-appointed rinpulat Fire -..• • • • 121. per cent. 500 0050 0 0 2233
imperial Life ........ 12s. 100 0 0 10 0 0 15
)d per well before they gave their decision. Aide-de- Camp to Major-General Lord Frederick Indemnit Marine•••• 11.51 i. & bs. 100 0 0 513 1
35
3d to , Fitzclarence, G.C.H., commanding at Portsmouth. Law Fire............. - 100 0 0 210 0 21
Od to EXCHEQUER.-(THIS DAY.) Woomvica, Nov. 16.-The Stromboli steam- Lw Life............ 11.16 a. 100 0 0 10 0 0 42%
Legal and General Life _ 50 0 0 20 0 4
2s Od (Sittings in Banco.) dolls Commander Lord Amelius Beauclerk, arrived eeneen Fire ........
1121.,,,eat(riii.len.y.mi 105, 25 0012 10 0 16%
I to is
London Ship ........
i•
G..e.n...i1.e
41t. p. epr 0 share
catr
.e 16000
00
00 1
0o 0
29
COBBETT V. SIR GEORGE GREY AND ANOTHER. at Sheerness yesterday, and landed the seamen riggers tOs. 25 0012 10 0 16%
Wid-
In this case, which was tried before the Lord Chief at that port, who navigated the Vulture steam-frigate
4
Baron on the 24th of February last, and a verdict to Devonport. Lieutenant Robertson and the seamen onal Lean Fund.. W. per cent. 20 0 0 210 0 -%
Is 10d; found for the defendant, a rule nisi was obtained by riggers who navigated the Styx steam-.sloop from Cul onnl Life....
?ill•tdium Life FiLper cent. 100 0 0 5 0 0 -
51. per cent. 50 0 0 2 0 0 210 e.
4d per the plaintiff in Easter Term last, calling upon the de- Woolwich to Devonport, and returned in the
. 31.p.m-h. Pobs. - - _
fondants to show cause why the verdict should not be Stromboli, came up from Sheerness to Woolwich in
pl'' 1'r:0c:tell
lei xet ourt •
LL
ii
free .. .. .. .. . :.. 511/
.. per
8, cent.
bs . 1 2coo
00
00
101
00
00
2-6
- - 141
set aside generally, or a new trial be had, on the the African steam-vessel, the Stromboli being re-
a
to 3s ground that it was against the evidence. quirc'd to return with supernumeraries to Devonport. lock Life-- . ...... 55.
I
048 2d The ATTORNEY-GENERAL now appeared for the The Enterprise, Captain Sir James Clarke Ross cowl Exchange V. per cent. Stock. 201
defendants to show cause against the rule. He and the Investigator, Captain Bird, are ordered to be iLl i t tierel.lfe .•... • • • 64. 16s.
. - - I 205
47
i 128 ; submitted it was important to consider the paid off on Monday, the 26th instant. Universal Life.... .• •• 105 i pr cnt. 1100 0 0 9 0 0 ---
Vi.:Orla Life.... - 40 0 41
5,4 d to form of the declaration in the cause. The The Terrible steam.frigate was taken into dock to-

ei. MU U u 36 10 0 49
,(01i:c,-4;;;i'Liiiff; :: :: :: :: 121. per r cent. 500 0 0 50 0 0 223
gigs, The Court promised to consult Mr. Justice Cress- Msjor Harvey, half- pay unattached, is re-appointed
1 i.
,iiisosi
bs. 100 0 0 150
13
0 15
)d per well before they gave their decision. Aide-de-Camp to Major-General Lord Frederick grerilnai t Seta; in.e .•
••
::1 35
3d to , Fitzclarence, G.C.H., commanding at Portsmouth. Law Fire _ 100 0 0 210 0 2
Od to EXCHEQUER.-(THIS DAY.) WooLwica, Nov. 16.-The Stromboli steam- l.'
eZs la.ni fee .si e. n-e.ra. ii: it; 11.16 x. 100 0 0 10 0 0 42
2s Od (Sittings in Banco.) slo )p, Commander Lord Amelius Beauclerk, arrived r,Qndon Fire - 50 0 0 20 0 4
10s. 25 0 0 12 10 0 16
i to Is
COBBETT V. SIR GEORGE GREY AND ANOTHER. at Sheerness yesterday, and landed the seamen riggers Londonlii Ship los. 25 0012 10 0 16
VVid-
uar lie .. ••••. • . . • l2s.per share 100 0 0 15 0 0 9
In this case, which was tried before the Lord Chief at that port, who navigated the Vulture steam-frigate ea. Invlid & Gen• Life 4%1, per ct. 60 0 0 20 0 2
i• Baron on the 24th of February last, and a verdict to Devonport. Lieutenant Robertson and the seamen ational 1,6,au Fond 5/. per cent. 20 0 0 210 0 -
-
Is 10d; found for the defendant, a rule nisi was obtained by riggers who navigated the Styx stearrasloop from .C:tilria°dnitu'lini'Lifief.
~
51. per cent. 50 0 0 2 0 0 etc
4d per the plaintiff in Easter Term last, calling upon the de- Woolwich to Devonport, and returned in the eencan
fendants to show cause why the verdict should not be Stromboli, came up from Sheerness to Woolwich in '"ceai& - - 141
-
set aside generally, or a new trial be had, on the the African :team- vessel, the Stromboli being re- PI °teeter Life.. -•- 51. per cent. 20 0 0 1 0 0
PrGYldent Life........ I/. 55. 8, bs. 400 0 0 10 0 0 26
to 35 ground that it was against the evidence. quircd to return with supernumeraries to Devonport. 'lock Life.-- ...... ss. 5000 10 0 5
045 2d The ATTORNEY-GENERAL now appeared for the The Enterprise, Captain Sir James Clarke Ross, f oirtl,il;.ex.ch ange 6?. per cent. Stock.
61. 10s. - 205 201
1
defendants to show cause against the rule. He and the Investigator, Captain Bird, are ordered to be Litt° Life -1/. Os. - - 47
submitted it was important to consider the paid off on Monday, the 26th instant. tretversal Life.... .• - 10% pr cat. 100 0 0 9 0 --
1 12s ;
VieOria Life .. Si. per mt. - 40 0 4,
5,4 d to form of the declaration in the cause. The The Terrible steam-frigate was taken into dock to-
; Soles declaration alleged that Mr. Cobbett, " being a pri • day to have the copper on her bottom examined. ' DOCHS.
Large soner in the Queen's Bench" (those were material CHATHAM, Nov. 15.-The Devonshire, 72 guns, Dividend Amount
each ; words), the defendants, on the 24th of December, was towed into this port on the 14th instant by the Name of Company. per of Paid. Pric
2s to 1 1847, by force and arms assaulted him, and forced African and Pigmy steam-vessels from the river Annum. Share.
It Her- him to go from room nu mber 2in the said prison to Thames, the ship having been recently employed as a £ C. C. £ s. d.
r doe ; .
room. number 1, which was a more inconvenient seamen's hospital ship. East and West Ind' a -
E tat Country - 7-1.
;o 20s ;
Go ncl on - - .••. • • • • 257.pPrecreenht. 100Sto0ck.°
place. There was a plea of " not guilty by statute." The Enterprise and Investigator, discovery ships, - 113;
Is 3d I First of all, he (the Attorney-General) contended that recently returned from the polar regions, are both 5=11111c015"...... 44 per cent. Stock./. per cent. - - -
- -
upon this declaration of not guilty an action of tree- ordered to be sent from Woolwich to Chatham when Ditto', Scrip :I::: ...
.... _
Ditto 80nd5........ 1%1. pr cent. - -
dis are pass would not lie against the defendants, inasmuch as they are paid off.-
or 4iLs it was not a trespass to remove a man from a room in The Horatio steam-screw guard-ship will be put Southampton •• .. •• - at. per cent. 50 0050 0 0 -
a prison in which he was confined to another, by out of dock on Saturday, the 17th instant, and early BRIDGES
desiring him to go from the one place to in the next week the ship will be navigated to the Dividend Amount
341 b to the other, and he went. Even admitting that Thames to have her machinery, Esc., put on board and Name of Company. per of Paid. Price
ditto,
Annum. Share.
the plaintiff had been put into an incon- fitted.
to 3/d;
:Jnartag-cross ••
Yenient part of the prison, that would not amount This day being duly appointed by the Queen to be x. a. C. X. s. C.
d. Calf
les, 7s; to a charge of false imprisonment, seeing that the observed as a day of general thanksgiving for the late
Southwrk NIT Sub Av -
- -
632 12 1 25 0 0 -
- 2
weds 3s plaintiff was imprisoned before and at the time of his mercies of Almighty Providence in removing from us intro Nw' et a% P.c.. 355. per cent. 50 0 0 - 6
removal. He apprehended, under these circumstances, the cholera visitation, the day was observed with every Waterloo - - 100 0 0 _ 3%
that an action would not lie against the defendants. devotional spirit in appearance and reality. The Ditto
NOlwd lirto. ooff 12 11,.. 1.,.. Od.c - 60 0 0 27
- 40 0 0 24
Clover The evidence was simply that the words, " You must whole of the public departments of this great naval Vauxhall .... •• • Av. 11. 70 10 3 - -
Price.
Los per to, sir," were addressed to the plaintiff at the time of and military garrison were closed, and collections for WATER-WO ans.
Dividend Amount
Clover
Annum' per
shares
105 per
3/ 10s;
lis e removal mil
eoLvAoa
LORD
tpforrocnmemoEGnrempearrt ti)e oftheadmitted
BARON-Supposeprisonthya
tot
you say
thes another.y plain-to a thehad
andd
benecessitousen chapels
received
c throughouteiv epdo oart wtheer
the
eheArmoury madet o innt
andhe
Houses
Dense v egr:a
Alb
outirlchurcheshleoroyd
remove a man in prreinasoonve
toanother ?
man "If ROYAL ARTILLERY COMPANY. -
The Times of Monday last stated that a dispatch
you don't get out of the way I will knock ground, on the previous Thursday, addressed to the Name of company.
Elst L0nd0n.......... 81.
4 s. d. 4 t_sai.d.d. --
100 0 0
5411.. per cut.
ecnntt..
15000
00
00
1ient.......... •• •• - 31. 10s. 100 0 0 -
---- 181%
75
tiff was forced toY.
f;robmutonweaspairtt aof trtheseppasrsisotno
los per
T
LlarmanbdeJthen..ct.l.7. .. .. .. ..
9802
you down ? " Now Rivr Lndn Brdge 21. 10s. - . - 55
commanding officer, superseding, by order of her
and . lieutenants,
and Vauxhall ............ 51. per cnt. 100 0 0 - 98
• The ATTORNEY- GENERAL-That was a different Majesty, twelve captains nine - - 120
case, my Lord. In this case the declaration starts reducing all the sergeants to the ranks ; which state- -
t Y.) With the statement that the plaintiff was in custody. ment is altogether untrue. The officers are elected GAS-LIGHT AND CONE comr.aNxEs.
iorning The LORD CHIEF Balton-It has been ruled over annually by their respective companies, and their Dividend Amount ,
respect and over again that no words would amount to an term of holding office does not expire till the first Name of Company. per of Paid. Price.
of suffi- assault. Thursday in December next. To have superseded Annum. Share.
-...
3i-itish • • - - •• -- - -
The ATTORNEY-GENERAL-Exactly so, my Lord. them so near to that period-for any ulterior object .t. 5. d. JE. s. d.
11. 40 0 0 18 0 0 14
It is said that "hard words break no bones."- whatever-would have been the reverse of oomph- Ditto Provincial.... ii. 85. 20 00190 0 18
sristoi .............. 15011..paceene nt t. .
1222g00
gOO
0000
AY.) (A laugh.)
mentary. The dispatch in question intimated her _
-
13090 -50
00 aig6
The LORD CHIEF BARON-But if you say to a Majesty's intention, as a mark of her royal favour," 13rir0t1..d.0.n..........
LISTICE,
man "If you don't go out of this field into another I to take upon herself the conferring commissions to the Continental Consolida7. 925. pr share
i.quitab1e............ 50s. pr shar:e
545000
000
.0
4050 0 0 26
kis, and
will come and make you," and the man does go out, officers in future, leaving the appointment of the non-
62f.peerrcceonott
that would be force, for it would be a commissioned officers to the Lieutenant-Colonel of lndependentlmperial ..
.I:.: : : : : : 0 50 0 0 2
using of helps to compel him to go from one the regiment. It is presumed, by this arrangement, London.. .. .. - ...... P - 50 0080 0 0 -
'money
sr con- place to another. He submitted that it was no that some other honours are about to be conferred on - 50 0050 0 _
Phcenix ....... •••• .. 4%1. per et. 50 0 0 46 0 0 28%
v came false imprisonment to remove a man from one part of this distinguished corps.-Nautical Standard. itateliff .... • ...... 5/. 100 00500 0 75
ass, the a prison to another, and that there was consequently United
General .... • • 7s. sa. 50 0 0 50 0 0 13
validity no ground for an action of trespass. It might be an Westnainster Chartered
COUNTY C OURTS Ditto, New .. -•• ~12s. 50 0 0 10 0 0 sx,
3/. 50 0 0 - 45
paid by abuse of authority, but assuming there had been an
TO THE EDITOR OF THE S.
SUN.
abuse of authority, did it amount to a trespass ? SIR, -Everybody knows that debtors who vie- CANALS.
toning, Mr. Baron PARKE-He is guilty of a trespass if timize creditors right and left receive a greater share Names of E; Dividend
; should he does anything which the law does not warrant) of attention and lenity from the judicial functionaries Companies. A per Price. Companies. A Per trice
Price.
1 issues for instance the putting manacles upon him. and public at large, than those who unhappily, from v: Annum. ic
-
uncontrollabe circumstances, get into merely minor ----
7
this TheATTORNEY-GENERAL would admit that, but
although every person may read in .z
gly.Was not like the familiar case of force having difficulties. But,
who possessed Ashtn& Oldh 97 71. 113 Macclesfield . 100 2/. 10s. 50
been used against a man ab initio ; and he would the papers how civilly Mr. So.and-so, Barnsley •• . • 160 121. 180 Neath ••• • • • 100 161. 340
Justice Contend that this ought to have been an action on the thousands of pounds, and got rid of t arKnk&Abrg 150 al. 85 0xf0rd...... 100 20/. 185
during ease, and that the defendants were not guilty of hem running ,lirmingham 35 41. 82 Peak Forest. 78 31. 18s. 'lO
into debt some thousands more, is received at the
for the trespass. Bankruptcy Court-how commiserative the Commis- Derby ••• • • 100 61. 63 Rochdale.... 35 41. 50%
Coventry.... 100 25/. 210 Regent's.... 33 11. 2s. 11
Ellsmre&Chs 133 563. 41 Somrset Coal 150 71.105. 130
Mr. M. D. HILL followed on the same side. sioners and Counsel are for his misfortune-they Erewash ..• 100 321. - Do.LkFdSt 12 61. p. c. -
Lord- (The case when we went to press.) was proceedingdo not always hear of what is passing in the GrandJunctn 100 5/. 56 S
30 Shrewsbury.. 125 151. -
tffrii &Wore 140 281. 400
ild not little county courts of the various districts utrramnicr meny 100 21.
BAIL COURT'.-(THIS DAY.) 100 11.10 s. 24 Stourbridge.. 145 201. 300
ground in the metropolis, what great efforts are made Grantham .• 150 - - Severn and
(Before Mr. Justice PATTESON.)
Cie sSplayrp too sot. 325 Warwicktcl
Keednnt & 4.1,71 35 7s. 6d. 26 31.08.
amount to swell out a paltry case, affecting the sum of a
by the MYSTERIOUS AFFAIR.
couple of pounds, into one of enormous magnitude GeeilcuetsrtearN..;h. 1405 SI.. 635%34
wl ‘Wal r:
wi en
iRi n:kg
&I. . iij 100 41' 63
Sir FREDERICK THESIGER said, if your Lordship yen the
and importance; nor do they know that the judges of
Loughhoro h 1423 701.41 6455 100 31. 43
pleases, I have to move your Lordship for a writ of on was
such places can make the most extraordinary and Ifonnionthgsh 100 81, 0 WNoracPstt°rti }7B 31. 42
MeltnMwbry 100 -
certiorari to bring into this court an inquisition taken
Nfntgemrysli 100 - - Birming.
alfourd,
contradictory decisions, just as it may suit their par- a jury by the Coroner of the borough of Leeds, and also the
- wins & Brks -14 s. 9
depositions, which inquisition was held on the body of titular humour. I chanced to be present in the Is
t inter.
lington County Court on Wednesday, the 7th inst., LIST OkSCOTTISH COMPANIES' PRICES
4 person named Sarah Ann Wholley, by which she
m been
when a defendant was summoned to show cause why Dividend Amount
Was found felo de se, the object being to traverse Name of Company. per of Paid. Price.
ay; and
he had not obeyed an order made by the Court for the inquisition • but at the same time I think it right Annum. Share.
ergeant
him to pay a small debt by monthly instalments. On -.__
to state that 'I
find, when the inquisition is brought
Bank of Scotland
£ s. d. X s. d
:OMIIIOII,
saying that he regretted he had been unable to do so,
iritish Linen Company 5711. per cent 100 0 0 100 0 0 172
pared to into this court, that there are substantial defects on
he was told in the most uncourteous way' that " that and the the face of it, I should wish to have an oppor-
was the excuse of every one who did not pay:' . per cent: 100 0 0 100 0 0 205
ilytydeosfriGaileastoawnkEanko.
661. per cent. to 0 0 to 0 0 11%
Jaledonlan Bank
r• The, tunity of taking advantage of them. The cir-
He was then (the court being crowded C.
% per cent. 20 0 0 10 0 0 131 is.
Le of the oumstances of this case, which I will state shortly
as though a criminal case were going on), in an ex- Jommercial Bank -.• 71, per cent. 500 0 0 100 0 0 163
astern Bank •••• •• •• 6/. per cent. 25 0 o to 0 0 sii
for him to your Lordships, are of the most extraordinary •
ceedingly rough manner, subjected to a more strict
thought and mysterious character. Sarah Ann Wholley Edinb.& Glasgow Bank 61. per cent. 50 0 50 0 5
Txehangeßnk of Scot 4l. per cent. 100 0 0 50 0 0 20%46
and a far harsher examination than he would have
nstance, Was the daughter of respectable parents, re-
tanding siding in London, and on the 21st of June last she been exposed to had he appeared at the Insolvent isle of Man. Company 71. per cent. 10 0 0 7 0 0 -
Court to clear off , , . all his debts, instead of being where s's 6 per cent. 50 0 0 10 0 0 1
.
Os
orth of Scotland Bank 41. percent. 20 0 0 5 0 0 3/.os
paid by. Married Mr. Wholley, her husband, who was a wool--as to arrange time for paying one; and on stet- ' *i_atlonal Bank
North British Bank •• - - - _
XeSpilBs, dealer, residing at Holbech, in the neighbourhood
question, his profession, and how
ihneg7 in' reply to a . Royal Bank of Scotland 5/. per cent. 100 0 0 100 0 0 125
Pleaded of Leeds. She was seven-and-twenty years old, and
he Union Bank of Scotland 81. per cent 100 0 50 0 85
that lie had been unfortunate enough to make nothing Western Bank-- - 71. per cent. 50 0 o ao 0 o 7ii,
he case was only three years older. They were married
Aberdeen Fire and Life 7%1.pr cent. 12 10 0 1o e 2
that the With the entire approbation of the parents of by
it of late, he was treated with a sneering remark
11. Accord. Life and Fire - 20 0 0 010 0 - )bleman the lady ; and after the
marriage they pro- of its being "an exceedingly novel one." Much more
was urged by the defendant, but the mind of " his dritish Guarantee Ins. 41. per tent. 10 0 0 1 0 0 Ils Od
laledoulan Fire Insur. 101. pet cent. 100 0 0 10 0 0 21
rho was seeded first to Leamington, afterwards to Scar- Honour" was made up ; for, although the assistant, Church of England Ins. - 50 0 0 20 0 -
same to borough, and from both of these places letters were City of Glasgow Life 6l. per cent. 25 002 0 0 21. 7s
whoa ppeared for the plaintiff, said that his master 4idinburgh Life Insur 6l. per cent. 100 0 0 12 10 0 18%
it No. Written by the wife to her sister, expressing, in
authorised him to state that he would be perfectly East of Scotland Life - 10 0 0 015 0 95.0 d.
I either the most artless and simple way, the happiness Eng. & Scot, Law Life 51. per cent. 50 0 0 217 6 -
satisfied if an order was made for payment in a
tenant she enjoyed in her new state. They arrived at home month's time, the decision of the Court was, " that clarculas Insurance Co. 71. per cent. 100 0 10 0 -
Ensur. Co. of Scetlnd- Si. per cent. 100 o 0 10 o 0 -
I was in Holbech on the 2d of July, and on the 7th of July
the most charitable way to proceed in this instance Life Assoc. of Scotland 61. per cent. 10 0 0 1 0 0 11. Is
'end that a letter was written to the sister by the wife, which,h would be to commit the defendant to gaol for fourteen Stercantile Life ...•
however, I shall not trouble your Lordship' s wit , National Fire and Life Si. per cent. 10 0 0 1 0 0 20s 6d
int, and
days, and he could arrange with the plaintiff if the North British Insur. -5% /.pr cent. 200 0 0 20 0 0 23. %
ray the but merely state that it was written precisely in the latter pleased." North & West of Scot. 61. per cent. 10 0 0 l 0 0 -
Scottish Life and Guar.
)mot that same strain as all the others,-containing nothing ex- - 20 0 0 011 0
Surely, Sir, this is not as it should be. The petty ot. Mu. and Gen• Life - 0 0 015 -
aggerated, but giving, in the most simple and artless
judge of a court like this has no right to treat a Scottish Union Ingram 6%1. pr cent. 20 0 0 1 0 o 225.0 d
TS, who
itairiard .Life ...... • . 51. per cent. 60 0 0 45 0 9% i
manner, an account of her own happiness, and
defendant in a manner that would only have been united Dep. Assurance 51. per cent. 10 0 0 1o 0 14
Doctor
ending in this way:-" It has just struck five, and
into thedeserved had he stood at the felon's bar of a olice
as my dearest William generally makes his appear-
court. He has no right to pass sneering') and masa CEIX.X..A.IITEOT.7B . 1
Iroposed
truce about that hour, or soon'after, I must draw to
would-be sagacious remarks when he is told Dividend Amount
ear. It
a close to be ready for tea. Adieu, my dearest Name of Company. per of rad. Price.
1 Upon
Susannah, anti, with our united and devoted regards, by a defendant, that the profession he has been forced Annum, Share.
- 4
ten, but to adopt for a living (his position in life having for- -
(
y from believe me your affectionate, happy sister, Sarah Ann
merly been widely different) has not been sufficiently
~ Australian Airricultnrl 1/. Z. s. d. £. O. d.
100 0 0 30 0 o 16
irdinary Wholley." On the 9th of July she was seen as lute
productive to prevent him from having to appear in Anglo-Mexican Mint.. 11. 45. 10 0 0 10 0 0 - i
the pre- as half-past eleven o'clock in perfect health and spirits.
such a place. And surely, when a plaintiff does not Ditto, Half Shares.. -
Canada ......... •• .. Gl. per cent. 100 0 210 0
32 10 0 26
vinging She was of a very cheerful disposition, of a quiet, •
urge immediate payment, but says he is "content to
City Navigation .
Uppr Canada Bonds 51. per cent. - -
- f
that day - well-regulated, and religious mind ; she had break- -
... -
madebythe e- - - 90
wait a little," and the statements
fasted with her husband that morning, and had parted Comp.CpprMllraEng. Mira Eng. 51. percent, 100 0 0 70 0 0 - (
n• of his
fondant are in no way condradicted or shaken, the
Gen. Revers. & Invest. sp.c. & bs, 2/ 100 0 0 100 0 0 - 1
in his with him on the most affectionate terms, he going to
tof the his daily business at Leeds. Five minutes after the judge Equitable eversienry 51. pr cent.
discretionary power that is left to the must be n
100 0 0 100 o 0 103
time when she was seen as I have stated and described misused when be immediately makes an order of Gen.SteamNavigation 11. 86. 15 0 0 14 0 0 25
of three ,
London Institution ... 78 15 0
of the -
- -
commitment.she was found stretched upon the floor in her bed- Russell Institution.... - _
26 5 0 -
kitchen. room, with her throat cut from ear to ear, and a I am, Sir, your obediently, Peninsir& Orient•Stm. 8!. per cent. 50 0 0 50 0 0 73N
A LOVER OF JUSTICE. Reversionary Int. Soc. 4%1. pr cent. 100 0 0 100 0 0 90 1
to the razor between the finger and thumb of her left hand.
SPORTING INTELLIGENCE. )royal Mail Steam.... 61 18..4, p. c 100 00600 0 49
South Australian ..... 11. per share. 25 0 0 25 0 0 17
td come An inquest was held, and by the direction of the
`fan Dieraan's Land.. - 100 0 0 23 0 0 2
tich was coroner, under these circumstances, the . jury were

Sir FREDERICK THE=IGER said, if your Lordship
pleases, I have to move your Lordship for a writ of
certiorari to bring into this court an inquisition taken
by the Coroner of the borough of Leeds, and also the
depositions, which inquisition was held on the body of
it person named Sarah Ann Wholley, by which she
Was found felo de se, the object being to traverse
the inquisition ; but at the same time I think it right
to state that if I find, when the inquisition is brought
into this court, that there are substantial defects on
the face of it, I should wish to have an oppor-
tunity of taking advantage of them. The cir-
cumstances of this case, which I will state shortly
to your Lordships, are of the most extraordinary
and mysterious character. Sarah Ann Wholley
Was the daughter of respectable parents, re-
siding in London, and on the 21st of June last she
Married Mr. Wholley, her husband, who was a wool-
dealer, residing at Holbech, in the neighbourhood
of Leeds. She was seven-and-twenty years old, and
he was only three years older. Tney were married
With the entire approbation of the parents of
the lady; and after the marriage they pro-
ceeded first to Leamington, afterwards to Scar-
borough, and from both of these places letters were
written by the wife to her sister, expressing, in
the most artless and simple way, the happiness
she enjoyed in her new state. They arrived at home
in Holbech on the 2d of July, and on the 7th of July
a letter was written to the sister by the wife, which,
however, I shall not trouble your Lordships with,
but merely state that it was written precisely in the
same strain as all the others,-containing nothing ex-
aggerated, but giving, in the most simple and artless
manner, an account of her own happiness, and
ending in this way :—" It has just struck five, and
as my dearest William generally makes his appear-
ance about that hour, or soorrafter, I must draw to
a close to be ready for tea. Adieu, my dearest
Susannah, and, with our united and devoted regards,
believe me your affectionate, happy sister, Sarah Ann
Wholley." On the 9th of July she was seen as late
es half-past eleven o'clock in perfect health and spirits.
She was of a very cheerful disposition, of a quiet,
well-regulated, and religious mind ; she had break-
fasted with her husband that morning., and had parted
with him on the most affectionate terms, he going to
his daily business at Leeds. Five minutes after the
time when she was seen as I have stated and described,
she was found stretched upon the floor in her bed-
room, with her throat cut from ear to ear, and a
razor between the finger and thumb of her left hand.
An inquest was held, and by the direction of the
Coroner, under these circumstances, the jury were
almost forced to find a verdict of felo de se. My
Lord, the coroner's direction, -which is of the most ex-
traordinary kind, is sworn to. He says this :
(The learned gentleman then proceeded to read the
charge of the coroner, which concluded in these
Words :—" I think you had better find a verdict of
felo de se than adopt a course of leaving the case open
and throwing suspicion upon parties that may rest
Upon them for ever.") Under this strong direction
the jury found the verdict I have mentioned, after
three hours' deliberation ; it being perfectly clear that
no Ruspicirm could possibly have attached to any one
if the jury had found that verdict which seems to be
the proper one, according to the mysterious nature of
the case ; for if she did destroy herself it must have
been upon some sudden outbreak of madness, of
Which the human mind is sometimes susceptible,
and instances of which we know have not
.unfrequently taken place. It was, therefore, under
the strong direction of the coroner that the jury found
this NerdiGt. And as the family are extremely anxious
to wipe this stain from this unfortunate lady's me-
mory, they feel that it would be impossible for the
lady to have a Christian burial with this stigma
resting on her name, and therefore on their behalf I
have to apply to your Lordship for a writ of certio-
rari, for the purpose of having the inquisition and the
depositions brought into this court, in order that they
May be traversed. My Lord, if I find upon examin-
ing the inquisition there is any psrt of it open to
technical objection, I think it right to state that I
shall take advantage of it.
Mr. Justice PATTESON granted the application.
The writ was accordingly directed to Issue.

SPORTING INTELLIGENCE.
TATTERSALL'S.—YESTERDAY.
The following is a summary of the transactions yes-
erday

LIVERPOOL STEEPLECHASE.
12 to 1 vgst Victoria.
The Oaks is scratched for this race.
CHESTER CUP.
1,000 to 20 agst Whim colt-1,000 to 20 and 1,000 to
15 sgst Lady Evelyn-2,000 to 20 agst cult by Malay
41oloch, out of Pendulum-1,000 to 10, five or six times,
agst Melody-3,000 to 45 and 1,000 to 10 sgst Idle Boy
(Mr. Pares)-2,000 to 20 agst Kennington—and 1,000
to 15 agst Canezou.

DERBY.
350 to 10 agst Mr. Henry's Pitsford—thksn.
BETTING AT MANCHESTER.—FRIDAY.

nut

LIVERPOOL STEEPLE CIIAME.—e tO l agst Knight of
Gwy uno, 8 to 1 agst The Doctor, 9 to 1 agst Shinrone,
9 to 1 agst Wolverhampton, 16 to 1 ag,t The Young-un,
10 to 1 agst Vain Hope.
SEFTON HANDICAP, LIVERPOOL.-2 to 1 agst The
Alp and Priestess (taken to 401.), 3 to 1 agst Mantle
(taken to 251.), 6 to 1 agst The Dart (taken to 201.)
CIIESTER CUP.-1,000 to 20 agst Peer-o'-Day Boy
(taken freely), 1,000 to 20 agst any other.

Ti
113%

---
DEATH OF THE REV. DR. MACFARLAN, OF
GREENom.—This rev. gentleman, who was about 70
years of age, and had been 43 years a minister of the
Christian religion, died on Tuesday last. He was a
staunch non-intrusionist, end, when the disruption took
place, was found amongst the seceders.—Glasgow Daily
UNIVERSITY OF GLASGOW.—The Conservative stu-
dents in the 'University of Glasgow have resolved not to
oppose the re-election of Mr. Macaulay as Lord Rector
for the present year.—Glasgow Courier.
Colonel Hawker is now at Birmingham, in order
to superinted the forging, &c., for his new improvements
in guns.

The sun of truth may be obscured, but is never
eclipsed,-4/ixo Cooks Journal.

Price,

THE YORK, NEWCASTLE, AND BERWICK RAIL..
WAY.—Sinco the resignation of Mr. Allport, the ma-
nager, Mr. Close, the secretary, it is stated, has followed
his example and also resigned. Both offices, it is un-
derstood, will be filled up in a short time.—Leeds
Mercury.

RICHMOND THEATRE —Mr. Ryan, the spirited
lessee of this pretty little theatre takes his benefit on
Monday evening. The pieces are well selected, the most
prominent of which is the celebrated comedy of Paul
Pry, in which Miss Jane Coleman, late of the Lyceum
Theatre, will appear for this night only. Several other
London favourites have volunteered their services on
the occasion, and a crowded house must be the result of
Mr. Ryan's very attractive bill.
CURIOUS ACCIDENT.—On Tuesday morning, when
a man named Joseph Senior, a carter in the employment
of Messrs. Carver and Co., carriers, was standing on
the footway in New Market street, just opposite to the
warehouse of Messrs. Simpson and Thompson, Man•
chester, the ground suddenly gave way under his feet,
and he was let down about fifteen feet into the mouth
of an old well, in which there was at the time
about eight feet of water. Fortunately, however, he
managed to cling to the sides of the well,
which were of brickwork, so as to prevent himself
from going more than about up to his middle in the
water. Some bystanders, who witnessed the occur-
rence, speedily olvained a rope, and rescued him from
his unpleasant position. He was, as might have been
expected,
much bruised by the earth and stones of the
street, which had fallen with him, but no bones were
broken. He was immediately sent home in a cab. In-
formation of what had occurred was immediately sent to
Mr. Francis, the superintendent of the paving depart-
ment of the Manchester corporation, who had a quan-
tity of rubbish shot into the chasm, so as to fill it up to
the surface of the street, and thus prevent any similar
accident in future.—Manchester Guardian.

TnE SUN LoNDON SATURDAY EVENING NOVEMBER 17, 1849

RAIL WAY INTELLIGENCE.
AUDIT OF RAILWAY ACCOUNTS.
Yesterday, in pursuance of the resolutions passed
at the meeting of the representatives of the railway
companies on the Bth inst., communications in con-
formity with the instructions of the committee of
railway chairmen appointed to prepare a Bill for
Parliament were transmitted to the secretary of
every railway company in the kingdom, calling their
attention to the resolutions passed at the meeting, and
to the suggested provisions of the proposed Bill for
the more efficient audit of railway accounts. Parti-
cular attention is called to the fourth resolution,
recommending that these suggestions should be cir-
culated among the shareholders, as the parties most
concerned in the efficiency of the audit, with a view
to obtain their opinions on the outline of the Bill.
Accompanying is a form of circular for communi-
cating the suggestions to the shareholders, the result
to be reported in the following form :—Number ap-
proving, number of shares; number disapproving,
number of shares ; special answers, number of
shares. The committee express themselves reluctant
to impose this trouble, but state that the parti-
cular board of directors and secretary to whom
ILI he
e c e ssa
ry, o n communicationce fo r all,
t aoddressed
establish
will fe
asy steeml
othaf t
audit,it
is
not only satisfactory, but which Parliament may be
assured is satisfactory to shareholders. The circular
proposed for adoption by the various companies in
taking the sense of the shareholders, to be signed by
the respective:chairmen and secretaries, sets forth that
it is wished the opinion of all shareholders should be
obtained concerning the proposed
pill. If they dis-
approve of the suggestions, they are requested to inti-
mate it, either with or without their reasons for it.
If, on the other hand, they are-not heard from, it is
to be assumed that they approve the proposed outline
of the Bill, as embodied in the resolutions of the dele-
gate meeting of directors on the Bth instant.
Yesterday, also the direct(); s of the London and
North-Western Railway Company issued official
communications to all their shareholders on the sub-
ject, signed by Mr. Stewart, the secretary, which, in
the form of interrogatory, differ from the preceding
one drawn out for general adoption. The communi-
cation commences by adverting to the resolutions of
the proprietors passed at their special general meeting
on the 17th of July last, when it was resolved that
the proposed compulsory interference of Govern-
mint with the accounts and affairs of railway com-
panies would• be highly objectionable, both on public
and private grounds, and that for these reasons the
directors be linstructed to oppose the Bill, but that
under existing circumstances it was expedient that it
should be made compulsory on the auditors of rail-
way accounts on all occasions, to call in to their
assistance some known public accountant, but without
the 'interference of Government.: Accompanying
the communication are the resolutions passed at the
meeting of railway directors on the Bth, coupled with
a request that the proprietors will transmit their ap-
proval or otherwise of the suggestions for the proposed
Bill for the information and guidance of the direc
tors in the course they may find it necessary to pur-
sue with reference to the question of audit by the
proprietors, and of Government interference in the
conduct and management of railway property. The
communication concludes by impressing on the pro-
prietors the desirableness of an immediate and serious
consideration of the matter, and calls upon
them to assist in forming such a measure
as will secure an efficient audit vested in
themselves, and so avoid the permanent evils to be
apprehended from the interference of Government in
eommercial affairs. Questions upon the following
points are then put to the proprietors for reply :
First, as to whether they approve or otherwise of the
suggestions generally, and, if specially, whether it
should be compulsory on the auditors to be appointed
by the proprietors to employ a known public ac-
countant ? Then, upon the question whether the
audit of the account should be continuous; if the
half-yearly financial statement of all the companies
should be made out as nearly as may be in the form
prescribed, Scc.; whether it shall be competent for a
minority to appoint special auditors and accountants
as suggested.
The directors of the London and South-Western
Railway have informed their proprietors, simultane-
ously with the transmission of the suggestions, that an
opportunity will be afforded them at the special
general meeting on Wednesday, the 28th instants
fur collecting the views of their proprietors on the
subject.

ROYAL AND MERCHANT DOCKS.
(From the Times.)
There is an old saying about " neither precept nor
discipline being so forcible as example." The ap-
plication we are going to make of it is certainly not
in correspondence with its original import, and yet
we hope the result will verify the soundness of the
proverb. Time after time we Lave directed public
attention to the fruitless experiments and repeated
failures of our national dockyards, as compared with
the steady and uniform success of private builders.
As far as the leading facts were concerned the case
was to clear to admit of dispute ; but it was plausibly
alleged on the other side that the requirements of a
war-steamer involved conditions unusually difficult
of attainment, and thst the ponderous scantling
and heavy deckload of an armed frigate pre-
cluded the ready realization of all those weatherly
and convenient qualities which could be guaranteed
in a common packet•boat. To this it was retorted

that the deckloads of merchant steamers were

• often in reality as cumbersome as those of frigates,
34 and that their construction, under recent regulations,
was actually stronger. As to duties, it was truly
enough stated that the services between Liverpool and
Tampico, Southampton and Hong-Kong, included at
the least as rough work as ever could be anticipated
for a Retribution or a Terrible. So stood the argu-
ment, we do not say very doubtfully, for few persons
could get over the plain facts so credibly deposed to,
but there still, perhaps, remained a loophole of escape
for the experimentalists. Now, however, even this
has been blocked up, for the construction of actual
war-steamers has been intrusted to privbte yards, and
with such results, at this present stage of naval archi-
tecture, as we here subjoin.
On Tuesday last the Termagant steam frigate, of
1,556 tons, 24 guns, and 620 horse power, sailed out
of Portsmouth harbour for the express purpose of
trying her "speed and sea-worthiness." There was
a good deal of sea on, and a stiff breeze blowing, and
she proceeded, under these circumstances, to the
regular practice-water of " the measured mile " in
Stokes'-bay. She was deep—drawing no less than
17 feet 2 inches forward, and 16 feet 9 inches abaft;
so that this condition must be regarded as unfavour-
able ; but in other respects the trial was as fair as
could be, and to work she went, under the inspection
and advice of the most competent officers of the
establishment. She was found to make six knots and
a half per hour.
On the very same morning a war-steamer, built
by Mr. Paterson, of Bristol, for war-steamer,
rudimentary
navy of the Germanic Confederation, was taken out
of Cumberland-basin to undergo a similar trial.
The Inca, as she was called, was 628 tons measure-
ment, and of corresponding horse power, and she
had been built, like a sister-vessel previously
launched, with especial regard to all the require-
ments of active service. Not satisfied with a trip
over a pleasure-ground, her inspectors took her down
the Channel, and there encountered such a gale as
" not only' tested the strength of the Inca's build,
but of some of the visitors' bones," for the wind

was violent in the extreme, and the sea, which was
strong ahead, tremendous. Notwithstanding these
unfavourable conditions, she was unanimously pro-
. nounced as "very lively," and the trip was charac-
terised by the professional voyagers as being remarkably
- entertaining and pleasant. At length, in, deference to
the sensations of another class of visitors, her head was
put about, and it was found, upon investigation, that
her speed, with a strong head wind and the sea dead
on end, bad been six knots and a half per hour by
the patent log, white after putting about she had made
eleven and a half with perfect ease.
So much for the visible contrast between two
war steamers built one in a private and the ether in
a public yard, but we are strongly inclined to think
that a more edifying item of comparison remains still
behind. What the Termagant cost we are unable to
say, and perhaps, indeed, the calculations on this
head are even yet incomplete, but we should be in no
degree surprised if the porportion of six to eleven
which indicated the relative speed of the two vessels,
might be quietly inverted to represent there relative.
cost. We know at least that the Termagant has un-
dergone her share of those experiments and devices
which have served in similar cases to run up the
figures to such an ugly point, and there is no reason
we fear to hope that the consequences of the process
on the present occasion have been other than usual.
Now, the combination of these results gives a very
disagreeable total. We not only pay more, but we
get less. By a higher rate of wage we actually
secure an inferior performance, and so lose on both
sides of the account at once.
The
ed question t it ohne
possibilitylately before f
bthueildiLneggNivslaart. amusrtee con-
cerned, cern
in merchants' yards, but the practicability of substi-
tuting, on emergencies, a steamer built for a mer-
chantman in the place or stead of one built for war.
We may say, upon the whole, that this practicability
was not proved, for it would be hazardous to set
aside the concurrence of professional testimony,
however naturally prejudiced, which was given
against the proposal. But this conclusion does
not in any way affect the question at issue here.
This is not simply whether it would be advisable to
get our war-steamers generally built by contract, for
such a suggestion would introduce many other ele-
ments of discussion. The question is whether
steamers, realising all the conditions of war-steamers,
are not proved to have been built in merchants' yards
without any such expenses and failures as are repre-
sented in our national dockyards to be inseparable
from the construction of such fabrics; and whether,
therefore, these expenses and failures, thus proved to
be unnecessary, ought not to be peremptorily stopped ?
On these points we conceive no doubt can remain.
The assertion that private yards can turn out good
war-steamers has been established over and over again.
Besides the example we have now given, an eminent
builder at Northfleet thus deposed before the committee
of inquiry on this subject—" I constructed four vessels
for the King of Naples, of 1,000 tons each; they had
guns of 85 cwt. and 68 cwt.; they were found to
anwer well, and the vessels to stand up well under
canvass ; they can fire all
_their guns at once ; they
have been lately proved ; such is the information I
receive, and I never heard a complaint of insuffi-
ciency." We need not multiply instances, for, ex-
cepting the great maritime powers, there is hardly
a single state which has not created or recruited
its navy from the yards of our merchant builders.
The argument, in short, that war steamers are neces-
sarily liable in their construction to such errors, ex-
penditure, and failures as we (for the last 10 years)
have witnessed, is now fairly demolished by positive
proof ; they can he built without any such trouble-
some or costly incidents, and now that this has
been so unquestionably shown it is time to put into
serious practice the lesson we have been so rudely
taught.

RAILWAY SHAKE MARKETS.
BRISTOL, Nov. 16.

STOCK EXCHANGB.—The only transactions to-day were—
Great Western, Quarters, 12 dis.
LIVERPOOL, Nov. 16.
STOCHEXCHANGE.— The transactions to-day were as fol-
low :—Birkenhead, Lancashire, and Cheshire, (late C. and
B.), 6 per cent. till 1850, 13—Great Northern (B.), 635. 9d.
Lancashire and Yorkshire, Consol. Halves, 20 dis.—Ditto,
Fifths, 6% c. dis.—Lancaster and Preston, 2% dis.—London
and North-Western, 113 % —Ditto, New Quarters, 1,4 c. p.—
Manchester, Sheffield, and Lincoln, Quarters (No. 1), gua •
ranteed 71,¢ till 1853, 11—Midland, 48% c.—Ditto, Halves,
21% dis.
MANCHESTER, Nov. 16.
STOCK EXCTIANGE.—The transactions to-day were as
follow:—Manchester and Birming}-,am (C ), Quarters, 1%
p. Dover (No. 4), Scrip, 6 3.16—01 d Sheffield, 161 h-
- and Leeds, Fifths, p.— Midland, Halves,
21 !•4 dis.—London and Noah-Western, 1131,6—Ditto, New
Quarters, 16 p. Fleetwoods, 7 dis. Grimsby, Quarters,
10% dis.— Sheffield. Preference, 9% n.—North Staffordshire,
9%—Kendal and Windermere, 414.
GLASGOW, Nov. 14.

STOCK EXCHANGE.—The transactions to-day were as
follow :—Caledonian, 22 - Great Northern, Preference, 5 per
cent. guaranteed, 7%—Wilsontown, Morningside, and Colt-
n eos, 70.

[Advertisement.]
LECTURES ON CONSUMPTION, &C. &C.—Dr. Cronin
will commence on the 29th instant a popular course of
six lectures on diseases of the Lungs, Chest, Stomach,
and Liver. During the course, Dr. Cronin will illustrate
by diagrams, microscopical observations, &c., his new
and original theory of the nature, causes, and forma-
tion of tubercle, and explain his peculiar and successful
mode of treating consumptive, asthmatic, and dispeptic
diseases. Terms for one course, 2i.; the whole course,
10e. 6d. Fur prospectuses of lectures, &c., apply be.
twcen ten and one daily at Dr. Cronin's residence, 14
Leicester-place, Leicester-square.
PASSAGES IN THE LIFE OF MRS. MARGARET
MAITLAND, OF SUNNY SIDE. Written by Herself. 3
vols. The above work is published this day by Mr.
Colburn. and may be had at all the libraries. Also, 2.
Ernest Vane, by Alexander Baillie Cochrane, M.P.-
3. The Maid of Orleans, an historical romance, by the
author of " Whitefriars."-4. The Old World and the
New, by Mrs. Trollope.-5. British Homes and Foreign
Wanderings, by Lady Lister Kaye.-6. Valerie, by
Captain Marryat.-7. Rockingham; or the Younger
Brother. Second edition.-8. Mordaunt Hall, by the
Author of " Emilia Wyndham." Second edition.
KING'S COLLEGE HOSPlTAL.—Yesterday (Friday)
evening a meeting was held in the board-room of King's
College Hospital, Portugal street, Lincoln's Inn-fields.
The report announced that three-fourths of the proceeds
of a sermon, delivered at Lincoln's Inn Chapel on the
day of thanksgiving, was about to be applied towards
liquidating the expenses of receiving and treating cases
of cholere and diaracea, during the prevalence of the
epidemic. It appeared that 1,339 patients so afflicted
had participated in the benefits of the hospital, of whom
more than 400 applied during the night, causing an addi-
tion both of medical officers and nurses to be required
for the service of the institution. In announcing a fifth
donation of 1001. from Mrs. E. M. Chandler, the chair-
man observed that several other offerings had been made
by benevolent individuals, who had availed themselves of
the opportunity of thanksgiving by aiding an hospital
which bad certainly rendered substantial service during
the ravages of the cholera, and had incurred considerable
expense in consequence. Some other business of a
routine nature having passed, thanks were voted to the
'batman, and the melting soparalet

THE CASE OF MR. ROOKES.
EXETER, FRIDAY, Nov. It 3 —This morning the
Lord Bishop of the diocese held a court in the
Chapter-house of the CatEndral, for the purpose of
delivering his judgment in the case of the Rev. Chas.
Rookes, M.A., rector of Nymett-Rowland, Chumleigh,
Devon.
I he Rev. Gentleman, who is a married man, was
the defendant in an action for seduction tried at the
last Summer Assizes in this city, before Mr. Justice
Williams, on which occasion the plaintiff obtained a
verdict for 1001. The evidence taken at the trial
showed that the Rev. Gentleman had for some time
past been living in a most abandoned. manner with
several women. The case which called the attention
of the Bishop was that of a young person named
Maria Brooks. It appeared that she went into the
service of the defendant in September, 1842. He
seduced her early in the following January ; in No-
vember she miscarried; the connexion continued, and
in 1844 Miss Brooks gave birth to a child ;
in 1848 the Rev. Gentleman commenced a
liaison with another woman, and the conse-
quence was, that the mother of Maria Brooks brought
an action and recovered the above-mentioned sum.
Immediately after the assizes the Bishop issued a
commission, under the 3.1 and 4th Victoria, known
as the Church Discipline Act, and it having been de-
cided by the Coramissiou that there was a prima facie
case eg:sinst the rev. defendant for further proceed-
ings, the necessary steps were taken by the Bishop
but Mr. Rookes, in order to save the expense of a
suit in the Arches' Court, pleaded " Guilty," and the
Bishop fixed this day for giving judgment.
The Bishop took his seat on the bench at half-past
12 o'clock.
The proceedings commenced by the Bishop calling
up Mr. Barnes, his Lordship's secretary, to read Mr.
Rookes's consent.
Mr. Barnes read the notice, which was that the
Rev. Charles Rookes consented to his Lordship's
passing sentence without further inquiry.
His Lonnsnie said that so late as four o'clock yes-
terday he had received from Mr. Rookes a revocation
of his former consent, which Mr. Barnes would read
to the Court.
Mr. Barnes then read!he revocation. Mr. Rookes
revoked his former consent, in consequence of having
received from Dr. Phillimore an opinion that the
evidence which had been taken by the commission
issued by the Bishop was not admissible, as it went
beyond the two years prior to the issuing of the com-
mission. It further said that Mr. Rookes intended to
indict the witnesses who were examined for perjury
at the next spring assizes for the county of Devon,
and he therefore requested that all further proceed-
ings might be stayed until after that period, or until
the issue of the rule nisi which had been obtained in
the Court of Exchequer, in the case of " Brooks and
Rook( s," should be known.
The Bisnor then proceeded to deliver his judgment.
His Lordship said, in this case due notice having been
given to Mr. Rookes that it was his (the Bishop's)
intention to proceed to judgment, and Mr. Rookes not
beitg present, he (the Bishop) did not think that he
ought in justice to himself or to Mr. Rookes to delay
proceeding. It was a case under the 3d and 4th
Victoria, commonly known as the Church Discipline
Act, which empowered the bishop of a diocese to issue
a commission to five beneficed clergymen to inquire
into any matter relating to the clergy. In this case
be had issued his commission, and the commissioners
decided that there was a prima/ facie case for further
proceedings. Mr. Rookes consented to his passing
sentence, but he had since applied to him (the
Bishop) to suspend his judgment until after it should
be ascertained whether the Court of Exchequer would
make absolute the rule nisi for a new trial in the case
of seduction of "Brooks v. Rookes." In answer to
this application he could not help saying that Mr.
Rookes had it in his power to forbear giving his con-
sent, and when that consent was given he knew that
he was going to move for a new trial, and therefore
why did he give his consent ? Mr. Rookes
also referred to an opinion of a highly respectable
advocate of Doctors' Commons (Dr. Rich Phillimore),
which opinion stated that evidence had been taken by
the commissioners referring to a period prior to the
two years over which the commission had power, and
that that evidence would be prohibited by a temporal
court. The case to which that opinion was an an-
swer—for he had them both before him—he must
observe, though sent so late as Friday last, forbore to
state to the learned advocate all the facts. It was
therefore very clear that the case was not sent for the
purpose of influencing the commission, but with aview
to sway his conduct that day; but before that was done
care ought to have been taken to have informed the advo-
cate that the charges arising out of the case of seduc-
tion had nothing to do with the present charge. As
no such intimation had been given to the Learned
Counsel, he could not be induced to postpone his
judgment; and with regard to waiting the result of
the rule nisi, if he were to do so it would appear to
recognize a connexion between the two issues. The
action for seduction related to a period of time to
which the Court could not look, and it was quite as
much for the interest of Mr. Rookes as otherwise that
it should not, for if the result of that action one way
was to be taken as in favour of Mr. Rookes, the op-
posite must be against him. Now with respect to the
alleged intention to prefer an indictment against the
principal witnesses for perjury, that might be entitled
to more weight if the case rested solely upon their
testimony. If the witness Brooks was deemed
unworthy of belief, she might be said not to be a
sufficient witness, but in the proceedings before the
commission there was sufficient testimony if the
whole of her evidenee had been rejected ; indepen-
dently of which, he did not believe that if a bill was
prepared at the next assizes, the case would
be tried then ; he could not, therefore, postpone his
sentence on that ground. There was another point
suggested by Mr. Rookes, and that was that the
commissioners had taken evidence beyond the two
years. Although it was too late to object to this
evidence, he should feel bound to reject it altogether
if he could believe that the Learned Counsel's opinion
which Mr. Rookes had obtained was a just interpre-
tation of the law. That opinion, was requested by
return of post, and the Counsel himself advised that
they should take the opinion .of some gentleman of
the common law bar. On the other hand, he (the
Bishop) rejoiced to say that he had not been left to
his own judgment in the matter ; he had taken the
opinion of a gentleman of the common law bar. He
had stated that the evidence ought to be received. It
was, moreover, right for him to state that be had re-
ferred to the case of the Duke of Norfolk, in the
" State Trials," and he felt confident that the commis-
sioners were right in receiving the evidence. His
Lordship then said he would proceed to consider the
case in its outset; and he rejoiced to say that he
had had the assistance of his Chancellor and three
other reverend gentlemen who formed the com-
mission. The commissioners having reported
that there was a prima facie case for further
proceeding, and Mr. Rookes having given his consent
to the sentence, he (the Bishop) proposed to state, in
the first place, why Mr. Rookes should be deprived.
Mr. Laidman, Mr. Rookes' solicitor, endeavoured in
the first place, to shake the credibility of the evidence
of the three sisters, for the seduction of one of whom
the action was brought. Mr. Laidman said that if
they had not a pecuniary interest in view, at any rate
they had an interest in trying to get a verdict in favour
of the mother. He says, that on that trial it was
important for them to show that Miss Brooks entered
into the service of the Rev. Mr. Rookes in the year
1843; Maria Brooks and her sisters swore that it did
so commence, but that he (Mr. Laidman) was pre-
pared to show that it commenced before. Now, he
(the Bishop) wished to impress upon them the fact
that the question of the seduction was wholly irrele-
vant to the present case. The question which the
commission had to decide was, whether Mr. Rookes
had been guilty of adultery during the last two
years. The testimony of two of the witnesses had
been objected to because they swore that Mr. Rookes
was frequently in the habit of getting intoxicated, that
that evidence was contrary to Mr. Rookes' character,
and had been contradicted by witnesses whom Mr.
Rookes called. He (the Bishop) acquitted Mr. Rookes
of that charge, but he could not altogether throw over the
evidence of the witnesses. Another point to which
Mr. Laidman had referred was the absence of a ma-
terial witness who could have contradicted the evi-
dence of the Brookses, but that she was prevented
from being present in conseqence of illness. Now,
it was proved by a witness that the last day the com-
mission sat in that place they met the witness alluded
to in the cathedral yard. His Lordship said he had
now gone through all the matter affecting the credit
of the witnesses. The principal witness was Maria
Brooks, and he confessed he saw enough to object to
her testimony, if it was not strongly corroborated ;
but she was corroborated by her sister Anne, and her
testimony was not shaken. The other sister, Eliza.
swore to certain things which she heard and saw in
Mr. Brookes' house, and that be had committed adul-
tery with Miss E—. (His Lordship said he
thought in the present instance he had better not
mention the name of the party.) Now, if Eliza
swore that which was true, it was in the power of
Mr. Rookes to have called Miss E--- to have con-
tradicted her testimony, but lie had not done so.
This evidence, too, was in a measure confirmed by
one of Mr. Rookes' own witnesses, who said be knew
Miss E— and MissP---.'They,used to come
often to Mr. Rookes' house ; sometimes together and
sometimes separately. They used to stay as late as
10 or 11 o'clock at night. And here, said his Lord-
ship, it appears that Miss E---, although a single
wetnan, was in the habit of going to the house of Mr.
Rookes, who, although a married man, was living
separate from his wife, and therefore he (the Bishop)
did not see any reason to doubt that the guilty act
was committed. On the other act of adultery—that
with Miss Brooks—it was clearly proved that it had
taken place within the two years, if the evidence of
the sister was to be believed; but even if that failed,
there was the evidence of the medical man who