The Sun.
London, England, 1840-12-19 00:00:00

COMMON PLEAS.--(THIS .D ACV,)

aLEXANDER if DURCHFILLD,
to Cu: b.!:,-
Ti,i, cafe thsoly.'s ctr, ;m' 'V( 1,1.1 (IL"." Ii ..s
gr,...711 ut a per on haviLir iceot,e‘i iii pa:rceot a bak.ic(i
or to ocAr -1,"
check. to present it rtithin A iiart!,"l ti'"`" ,
loss, if the liqr.k dr,,vvn upon s:Nui.c.l break lit fore .he prc-
"ll‘t'ai.tek);:tit(lrili',ll7 icalitehcit.eatto is Mr Ai..`xod"' of tile] R'P°-
sitor3, Ch;ssell-strter, City, auctioneeC.• Tbe 1'... f'''':4l';',
is a ,aiddier, and on tho 10 li ..f Match !...,'. .1L;("' ''', '''':
auction, cot ducted by the pLitttiff, ttvi. ~.y.-st.:•• ''' '''',..' ...
he prtifl at the time. by a cheek on tits banker:, irc)..''air, "":,,,'
Co.. Sglithtiold. 461 16% 6d, The ploin,..ff paid try 1 s.'"l'-,
into his bAnker's,the next
prrstut,.d it at foung'. t-r parwent. They t!,eri 1,,,1141.
(14%, 1 lta, and oti cue 12th 1 -71'
(hat this bat,it, havwg ';'-:•-. open for at, hour, or someti,a, '',
Jc.,,,, ti,,it rnori,ing-i Ii?:..: :ii,,we closed and stopped paynt.-It,
b, fi.ir,.- ti.cy arrived,. 1.7p0n this the action vs/..:• broth,;-Is, ta
rue:, , t,r ~:ovs,uni fora the drw.ier. The defence 'NA',
that 'f the check had hero presented in ra..oro.ole ti a; )t

would have beet, paid.
The plaintiff's case was that ash,in the check was r
to him he was engaged wi4ti the sale, was still geilig
on, and he objected to receive it, saying.— Th waw""at it
v.•iy fate to lake a cheek, being nearly five o'clock•" T"
that defendant repl;ed—" Cross it to your assn
and I v.i.l make all right." A clerk in
time,
he hank of
Whitmore (the plaintiff's banker) was present et the
n,
and corroborated the statement of Mr_ Alzitancier's Fo
who is also his foreman, as to the foregoing convervoiun.
The Solicitor-General rested his client's case tipo,) this
being a complete dispensation, and further showed, through
Mr. Alexander, jun., that on the day the bank was" dlt g
ife?'
v, red to have tailed, the defendant said to him— is
lucky I bad very little there ; tell your father to cross'`
to his banker, and I will make it all right."
Mr. Sergeant CHANNEL for the defendant, contended in
the first place, that it was an indisputable principle of
that a person receiving a check in payment, was bound
upon his own risk to present in reasonable time. was
h.
bound to present it some time within the banking houer be
the party upon whom it was drawn, on the nest day
aft
had received it. If he neglected to do so, be roust take
the Consequence of his own laches, and could not throw the
loss upon the drawer. The Learned Sergeant dwelt opal
the impossibility of the fiefendant's havingforgone his legal
title to exoneration, by gratuitously adopting the liabilitY,
titer the bank had broken. He called the son of the de-
fend:rut and other witnesses, who contradicted the pltlintifrs
case, as to the time of day, when the check was given to
Alexander.
The LORD CHIEF JUSTICE, in summil'g up said thst if
the Jury believed the evidence for the plat: tiff he
ueoc°
tviq" en-
titled to a verdict, on the ground that,, it.
of the dispensation given by the defendant, he
Was hirt.
required to present the check the next day, as ,be
wise should have been. ono
The Jury retired to consider their verdict ill for
conset
o'clock ; and in about half an hour returned a vci diet
the defendknt.

THE REMAINS OF TURENN

Few persons will probably
-,....
quenee of our revolutionary disturbance" the mortal
ther
ileflositeo in.
mains of Turenne, which had been
Royal vaults of St. Dail., were disperseit wit4ottbe reel,
mains of the Kings of France, and tcoaki fie-e-ecle;ad
ee.member that nsec:
have escaped that outrage committed upon the '
P ,teaser
it not been for the who pious interference of a r'
•o .
ted
of the Jardin des Plantes, M. Desfontaine oat,
s,
the body from the tomb-destroyers, as , beieinr: of
mummy, which ought to figure in the .i‘Aase— eee..
servetion, still figured three years after
Natural History. The corpse. which wag in perfect tion.
where it eiss t
between an elephant and a rhinoceros, A with grea
served by Deputy Dunolard, who iveigbf`l: 0 osa a
energy in the Conseil des Cinq Cents agaat-r-:ejsre ro-
profsuation_ On hie motion the Council deeid,vits Au,
mains of Turenne shuuld be deposited e th . r :a I,.ge
gusi.ins Museum, where M. Lenoir had colleete_tithe
de.
number of monuments wrested from the hands of the had
molishers. It was from that place that NaP°' the In.
them, at a later period. conveyed in great pomp to
validos, where they now are. -93 that the
It was on Saturday, the 12th of October, I f
?de (the
members composinee the municipality of Fr"Rocrog istoed
ill the collec
ob.
revolutionary name given to St. Danis), .
eh the remains
orders to disinter, hi the Abbey of St...Ddeuf:r-i'acosee, and
of the Kings and Quereo, . prjoces .
h e near and
other illustriuu: per-a„ ,tho cad laid
hundred years, in order Lo exeract
f the C:),"°-
coffins, in compliance will: a decree o• .O
,e ,
tion, the workmen, anxious 1.,) eo the reitiat
ts t rfc
great ma e, haetened to break veer) Tureime. t°1711,„t,,,e
va,s tit,: filet. Turenne was found in a remark*
6 °I
of prepierva,ion; be was not deformed, and the feature_ho,
the lead from their
his countenance were not impaired. The corpse,
and medals we have of the Great Captain, was Oflov
into a dried mummy of a light bistre colour.
was not withered, but still perfectly reeembledtbe Wet:telt;
A to re.
To the First Consul, I3oaeparte, it was reserve.
.._
store to a suitable grave the relics of the greatest car
.'l_
of the Feet
he century, The monument erect
from
Turene in the Abbey of St. Deeie had been saved 1
Moisritt:
destruction and conveyed to the Mue,eolll
io,fs
dFercerneeeht
it _ "1
nients. In pursuance of the First Cons..:
removed from that place to the Invaltdes
;mat'
the Marshal's corpse was deposited with P
and solemnity. solemnity. The catafalque was placed Pa a, „an
imphal car, magnificently ornamented, and thedrawn
by four horses. A oiebald charger, being' 4
Church, wdlimer;
colour of the one which Tur cone rode, and whip•
a segofrae
his army knew so well, follow the car, lcd Aby
dressed in the same manner as rah:floc's. number
bi
old soldiers carried his arms and sus-rounded the
vere" oar;
which the Ministers followed. Upon A litter, co
with rich drapery, lay the sword be wore on ti,e day of h
death, --o:eitt
and the cannon-ball which killed bimose
pre-
cious relics, belonging to a great grand-nephew cf the il-
lustrious warrior, having been lent by him for the ()elision.
The corpse was deposited on one side of the cupola, • and
the Minister of War laid a wreath of laurels on the l;a`
ro's tomb.
As we have already said, the remains of Turenne Ware
conveyed to the Jardin des Plantes, and thence. on the
motion of Dumolard, to the Museum of French the
ments, where they were deposited in a sarcophagus, elf,
in the middle of the garden of that establishment. re
original coffin bore the following inscription on a OPP'
plate :
" Ici est le corps de serenissimc Prince Hear! de 11
re
Tour d'Auvergne, Vicomte de Turenne, Marechal Oeoc,
de la Cavalierc legere de France, Gouverneur du Haet le
Bas Limousin, le quel tut tue d'un coup do
carioca
x Kett Juillet, Pan m.DC•LXXV." • Meg
This reparation to the memory of one of the brig
characters that figure in the annals of France is justly calici
sidered one of the most honourable acts of the celebrat!..
captain whose remains now lie under the same roof in tar
more conspicuous magnificence. Few indeed are tbe. relics
of departed greatness that have escaped the wholesale de-
struction of tombs solemnly decreed by the representatives
of a great nation. The mortal remains of the greateat
statesman France ever had were not, we believe, rescued
from that infamous profanation, although they lay not
among the venerable rnenumente of St. Denis.'When
we were in the west of France we were assured that tbe
skull of Cardinal de Richelieu had found its way eft the
hands of a private family, and that that wreck of the
mighty Minister who reduced the turbulent nobles of
i too of the house of
arid powerful, and checked the limb t
France to obedience, rendered that nionarehy independent
Auserie, wee, when ( xhibited to friends, extracted from a
lady's bode a chapeau.—French Print.

.

inquiries fur
statVedEStbSaEtl.SGoDv,ErSiimTlenN
small vessels at Bengal, but that their destination wag
known. We have since beard, on good authority', that
t
tenders have been invited for a large number of s"-'sse!!
tEphadFbOeiten foist
between
destination Kill
la
td.
cTuesen
nh u; tid
theyredr tonsejw
receive,
hceonnp,
parnilds:, :17
They
a good round cum for the run down to the island•
take no cargo from this port, but on arrivieg at C
Indian
allon
will be held available Ur gtneral service.—East
7 elegraph.
How TO GET A TIGHTRING OFF A FINGEtt•
—Thread a needle fit in the eye with a strt 11;4 thread,
pas the head of the needle, with care, under the ring, mid
pull the thread through a tew inches towards the hand
wrap the long end of the thread tightly round the finger,
regularly al down the nail, to reduce its size. Then iaY
hold of the short end, and unwind it. The thread pi
ssinK
against the ring will gradually remove it from the fin er.
g
This never-tailing method will remove the tightest ring
without difficulty, however much swollen the finger may be.
COURAGEOUS CONDUCT OF A POLICEMAN'
—OM Friday evening an inquest was held before Sf-t,
Wakley, M. P., at the Rrd Lion Inn, Acton, on view °it
the body of James Joseph Winning, aged 11 years.
appeared from the evidence of the witnesses that the d.ei-
ceased, the son of a respectable shoemaker, svas, 01,"
other lads, sliding on the ice of the Mill Ponds, on tl
west side of the village of Acton, when the ice broke ank
he sunk. Davis, 1' 72, on arriving at the spot, found t"°
pond surrounded by persons, who, however, had not °tic;
rage enough to render the deceased any assistance 1)0°g
throwing a rope into the water. Davis instantly threw.°
his stock and his belt, and, tying the rope round his w"dist;
courageously plunged into the water, and, diving
tinthe ice, after a scarce of several minutes, succeeded I✓
getting up the Cody and bringing it ashore. It was ilfirci
diatcly attended by Mr. Chubbe, a surgeon, who trb
e
every means to restore animation, but without avail. ird,,.
Jury, on returning a verdict of " Accidentally drowue f
concurred in opinion with the Coroner that the conduct °"
Davis had been most praiseworthy; and the Coroner, .a 1
the request of the Jury, promised to forward a testimorn
to that effect'to 'I
the Commissioners of Police. It 's also
stated that the parochial authorities of Acton intend for"
warding 6: similar testimonial, and the Jury subscribed t°-
o-
gether for the purpose of presenting Davis with a met°
vial of their opinion.
Yestetday afternoon a detachment of the 22d
Regiment arrived by the Birmingham Railway at East to.
:"-nitdenhß'EaLtaoß,
beuumlßgbGa, embark
DforEtch.e
9E
.a_s t
ed
si
square, and proceeded through London on their waY
WoHol
dayb two detachments of Bavarian Gendarmes frost Wu"'
to spires. Passed through this oily on their wa.y.
understand that thty arc to proceed to
se;dav and t°-
HEIGHTS OF LONDON.—The highest
the 'end] frontier._ fiarpbur Paper. fr 0
London, according to the most accurate measurement,
is
the north side of the aqueduct crossing the Regent's a'
nail which is 1021 feet, whilst the whole of Regents
slor, except the Abbey and part of the Horseferry road.'
below the level of the highest tide. The north end of N'rci:
thumberlane-street is 19i feet; Wellingtomstiot, Stra°,6
35} feet ; Essex-street, 27 feet ; St. Jamos's•street, of
feet 7 inches, and the south 13 feet 3 inches; north
(-;5 feet ; novent- trc,., 7(3 f,te ; C;ievel"ut
fuct 10 incrl, s ; Gioucester-pinco, 70 frett.
of :'L;trztforrl-plite:y, felt 4 itichPs: PO the ur'
t,;l IZ, ,',:ont':-circuE, 77 feet
George-stie.t, opposite the south cud of ug atrc
feet 6 inches.