The Sun.
London, England, 1849-05-29 00:00:00

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, May 28.
(Sittings in Banco.)
BAILEY •V. WIL/UNS.

In this case (which had not concluded when our re-
port left),
Mr. Sergeant CHANNELL, in support of the rule, con-
tended that the authority of the broker was terminated
at the date of the tranwer, and his subsequent payment
of the call could not bind the defendant. His tender of
the transfer of the shares to the defendant presumed that
the plaintiff was able to transfer the shares legally, ac-
cording to the statute of Victoria, with all the calls paid
up on them, and was conclusive against him.
The COURT, in delivering judgment, said that a person
who goes to the Stock-Exchange to purchase stock must
be taken to know that, according to the law, and to the
rules of the Stock-Exchange, he cannot have shares
transferred to him without all the calls due upon them
having been paid. When the defendant contracted to
purchase these 20 shares at a discount of 303. per share,
what did that wean but that he contracted to pay all
that had been paid upon the shares, subject' only to a
deduction of 30s. per share from the amount which had
ben paid? The payment was one which it was com-
pulsory on the broker's principal to pay. By the rules
tit the Stock-Exchange: the buying broker dealt with the
selling broker as a principal, and the selling broker was
compelled to pay up all calls due on the shares before
the transfer, which the buying broker, under his con-
tract of purchase, was obliged to repay; an action by
the plaintiff, therefore, as such buying broker, for
money paid to the use of the defendant, would well lie.
The rule must therefore be discharged.—Rule dis-
charged.

WRECK OF AN EMIGRANT SHIP.

DREADFUL LOSS OF LIFE.

The heartrending tidings of the total wreck of the
Hannah, freighted with nearly two hundred emigrants,
bound to Quebec from Newry, was reported yesterday
afternoon at Lloyd's, the particulars having been re-
ceived by the American mail steamer America, at
Liverpool.
The unfortunate vessel (the Hannah) was a brig be-
tween 150 and 200 tons burthen, belonging to Maryport,
and manned by a crew, it is said, of twelve seamen,
under the command of Mr. Shaw, the master. On the
3d of April last she sailed from Newry, with the above
number of emigrants on board, having previously been
examined by her Majesty's emigration agent at that port.
The emigrants chiefly consisted of agricultural labourers
and their wives and children. The passage up to the
27th, considering the season of the year, was as favour-
able as could be expected. The vessel then encoun-
tered heavy winds and a quantity of floating ice. The
master, as well as possible, bore off in order to clear
it, but it floated round in huge masses, and on
the morning of the 29th the unfortunate ship struck
on a reef of ice of such magnitude as to carry
away part of her bottom. It was about four o'clock
when she took the ice. The sounding of the pumps at
once convinced the crew that the vessel was foundering,
as there were several feet of water in her hold, and it
was rapidly increasing. As the only chance of keeping
the ship afloat, a cry was raised to keep to the pumps,
until assistance could be obtained from some passing
vessel, as also, it is presumed, to allow the boats being
prepared for the rescue of the emigrants. What steps
were taken to secure their preservation, no mention is
made in the report received; a charge, however, is laid
against the master, and the first and second officers, of
their having been guilty of one of the most revolting acts
of inhumanity that can be conceived. They had got the
life-boat out, and the moment they found the vessel
would inevitably go down, they jumped into it, and aban-
doned the wreck with the living mass on board. Screams
for help now rent the air, and it was with difficulty
that the remainder of the crew could induce the
frantic creatures to comprehend the only chance left
of saving their lives. Fortunately the ice was
firm under the ship's bows, and the seamen, con
vincing them as to its security, many got on it. Its
solidity being then apparent, a desperate struggle
took place amongst the emigrants to leave the wreck.
Men, women, and children, with nothing on but their
night attire, were to be Seen scrambling over the mass
of ice. Many of the poor creatures slipped between the
huge masses, and were either crus'aed to death or met
with a watery grave. The last to leave the wreck were
some of the crew, who contrived to save a small portion
of spirits and a few blankets. Soon after they had got
clear, the ship's stern rose as it were above water, and
she went down headforemost, just forty minutes after
the collision with the ice. The sufferings of the wretched
creatures, exposed as they were amid towering masses
of ice, with a raging freezing gale of wind from the
S.S.E., were most harrowing. The seamen who were
amongst them humanely gave up what covering they
had to the females, who had been shockingly wounded
and bruised in their course over the ice. Thus were
they exposed the whole of that day, till five
the afternoon, when a vessel hove in sight and bore
down to the edge of the field of ice. It proved to be the
o'clock in
barque Nicarque (also bound for Quebec), Captain
Marshal.
The statement made by that gentleman relative to the
steps taken by him and his crew fur the recovery of the
survivors, is to theTollowing effect:—On the 29th, about
half-past six, the wind blowing a strong gale from
S S.E., and a thick fall of sleet, the ship laying to tie
i windward of a large field of ice, Cape Ray being S.E.
by E. about twenty-seven miles distant, discovered
something on the ice, which subsequently turned out to
be a flag of distress. Made all sail, and gaining the
edge of the ice, found, to his astonishment, a mass of
living people upon it. He got the ship's ice fenders
down, and prepared to take to the ice. By seven o'clock
got so close in, that in the course of two hours he and
his crew succeeded in getting bold of about fifty of the
poor creatures and placing them on board his vessel.
The remainder stood crouched together in another part
of the ice some distance off, inaccessible from the posi-
tion of the ship. Captain Marshal had all sails cleared
up, and got a rope fastened to a piece of ice, and
with the long boat pushed off with his men to the
' spot. After considerable difficulty, he succeeded in
getting to the edge, where they remained huddled to-
gether. The whole of them were saved. No pen,
Captain Marshal observes, can describe the pitiable
situation of the poor creatures. They were all but
naked, cut and bruised, and frostbitten. There
were parents who lad lost their children, children
withahythe Nicarque was 129,
perfectly insensible.
that gut
beardrh
passengers and se„ men . The greater part of these were
frostbitten. As far as Captain Marshal could ascertain
The nulmosbser ofth
from the survivors, those who perished by being crushed
between the ice and frozen to death were from fifty to
F sixty. As soon as he had succeeded in getting all on
hoard, the ship was got under weigh, and proceeded in
lee- the direction of Cape Ray. Every comfort that his
- means and the ship's capacity afforded were placed at
the sufferers' disposal. The next day, meeting with the
3% barque Broom, of Glasgow, twenty-seven of the poor
18 creatures were transferred on board of that vessel; and
1% in the course of the following day, forty- nine of the sur-
-2% vivors, for the sake of comfort, were placed on board
5)(, three other vessels. The Nicarque reached Quebec on
V, the 10th of last month, where the remainder of the
o sufferers were landed. Their names were Alexander
-4 Thompson, his wife and four children; William Tedford,
wife and one child; William Andersonwife and four
17
a% children; John Murphy, wife and four children; David
o Gurwin and wire; Patrick M'Gill, James Murphy and
'l% wife; Dr. William Graham, Peter M`Fearlin (his father
mother, and rest of the family drowned); agnd al
so the
- following seamen of the Hannah:—John Offin, John
6d Smith, John Packer, Richard Harwin, Alexander Harris,
and David Jordan. The names of the emigrants
7s shipped ou board the vessel from the Nicarque are not
834 mentioned.
.od. The fate of the master and the others who took to
- the life-boat, and abandoned the emigrants, is not known,

THE SINDE HORSE AT GOOJERAT.—In all the
published accounts of the battle of Goojerat there ap.
pears a systematic attempt to keep Bombay merit in the
background. One sign.l instance of this is the treat-
ment which the detachment of the Sinde Irregular Horse
(the only Bombay cavalry present in the battle) has met
with. In the battle of the 21st of February all accounts
mention that the 9th Lancers and the Siude Irregular
yn,owpial
tritn
go
,f
andt h e 9atbhl
eL at nh ce
ye rsm c,,yh a rhgaevde abte
eanll),( haonwd e
tvhe z,
Horse made a splendid charge, &c.; yet the truth is,
thatrea d
Sinde Irregular Horse was the only regiment which
made a regular charge that day. And never was attack
more gallantly made, or more completely successful.
I'he facts were as fellows:—The detachment of the
Sinde Irregular Horse, about 250 strong (one squadron
being away), led by Lieutenants Malcolm, Merewether,
and Green, was on the extreme left of the British line,
her Majesty's Lancers being the next regiment to its
right. A large budy"(about 4,000) of the enemy's cavalry.
about half of whom were Affghans, splendid men, and
superbly mounted, led by a son or nephew of the Ameer
Dost Mohamed, attempted to turn the British left. This
was seen by General Thackwell, who personally ordered
Lieutenant Malcolm to charge the advancing enemy.
The attack was made with such good will and vigour
that the enemy's horsemen were completely overthrown,
and driven from the field with great loss, their leader
killed,
with many of his followers, w ho fought desperately
round him, and the right of the enemy's army was com-
pletely exposed and turned. The Afghans stood their
ground, and fired a tremendous volley at about 50 yar.
e
distance. They and their allies outnumbered the Sinde
Irregular Horse 16 to 1; but nothing could shake the
discipline of the latter; no doubt or hesitationwas there,
and no sudden " irregular bursts of undisciplined valour
shook their formation;" the horseman came on at fiery
speed, indeed, and with an individual energy which no-
thing could daunt; yet they moved like a living wall,
and were as much under command as on an ordinary
field daywhich seldom has been equalled in modern war.
day. No mortal foe could have stood before such a
chare,
A,. squadron of the 9:h Lancers advanced in rear of the
g
bintie Irregular Horse as a support. but its support was
never need:-d, and this squadron of the 9th did not charge,
neither did the remainder of that regiment—the business
Dover; Sea-
tonwas done by the Sinde Horse alone.—Benzbay Times.
Wade, Roj al Navy;
ROYAL COLLEGE OF SURGEONS.—The, following
gentlemen having uedergone the nect ssary examinations
itoursttahnet:darew. eGreeoragdemEitdiewdinmlevlialblieur:sc:t the c,llege
at the meetiug of the Court of Examiners on the 25th
Henry William Barney Tate, Yelp-
rats", South America; Hobert Denaldsen, Ballyhay,
county of Monaghan; James Bernard stuck, Pres:bury,
near Cheltenham ; James Denton lioline, Leicester;
Tapley, Dover; Claudius Galen Wheelhouse,
Lreds; Charles Joseph Bullock, Congleton, Cheshire;
and Thomas Jehesoii. Weymouth, ?Dorset.
NOVEL AVIARY.--On the site of the western tower
Of our venerable church may be seen the nest of a jack-
alaw, containing three young ones, which are carefully
tended by the " old birds."—Poole iferald.; •