The Sun.
London, England, 1841-11-27 00:00:00

SECOND EDITION

THE FUNDS-(CLOSING PRICES.)

- -- - - -
BRITISH FUNDS.
Bank Stock — India Stock. .
3 per Cent Re&
3 per Cent C0n5......... 891* Ditto Old Annuities -
3 per Cent Red........ 974 Ditto New Annuities —
New 3i per Cent 991 Ex. Bills, 1,000/....21,d 10 pm
New 5 per Cent — Ditto 5001 Bpm
Long Annuities to expire Ditto Small. .
Jan 1860 l2 7-16 Bank Stock for Acct...
Oct. 1859 lndia Stock for Acct....
Jan. 1860.
FOREIGN FUNDS.

Austrian, 5 per cent Portuguese, 5 per cent.
Belgian, 5 per cent — Ditto, New Ditto 32i
Brazilian 80nd5.......... Prussian, 5 per cent.
Buenos Ayres, 6 per cez Russian, 5 per cent —
Chilian, 6 per cent.... Ditto, Metallic
Colombian, 6 per cent.. Spanish, 5 per cent 24
Ditto, 1824. 2O Ditto, Deferred 124
Danish, 3 per cent — French, 5 per cent.llsf. 75c.
Greek, 1825, 5 per cent — Exchange —f. —c.
Mexican, 5 per cent.... 25i French, 3 per cent Bof. 59c
Ditto, 6 per cent, 1825 Dutch, 24 per cent. s2i
Peruvian, 1825, 6 per ct. Ditto, 5 per cent.
SHARES
Birmingham and Gloucester Railway (100 p)
Ditto New Shares (74 paid) ... 5
Eastern Counties Railway (23 pai) 7i
Great Western Railway( 65 paid) ..... ...... 80
Ditto New Shares (50 paid 57 A
London and Brighton (50 paid) 36i
London and Blackwall Railway (25 paid) —
Ditto New Shares ( paid) 5l 4s 2d
London and Birmingham (90) ......... ... .. 157
Ditto Quarter Shares ( 5 paid) 22
Ditto New Shares ( 2 paid)
London and South Western
North Midland Railway (100)
Ditto New Shares (40 paid)
Ditto Thirds (15 paid)

BAIL COURT-(THIS DAY.)

WARRANTRY OF A HORSE.--C OOKNEY V. MARRIOTT.

This was an action brought by the plaintiff, an at-
torney, against the defendant, an ironmonger, to recover
damages for the sale of an unsound horse, which had
been warranted sound.
Mr. V. LEE having opened the pleading,
Mr. Sergeant LUDLOW stated the case to the Jury.
It so happened about the 28th of May, 1840, that the
plaintiff was in the situation of a gentleman in want of a
horse, and the defendant in that of a gentleman having
a horse to dispose of. In consequence the defendant sent
a grey horse, the subject of the present - action, to the
stables of a Mr. Yeomans, a livery stable keeper for the
plaintiff sec him. Yeomans having examined the
horse to ascertain that he was sound in -limb,
tried to cough him, but was unable to do so, as the horse
reared up. Defendant's servant told him not to do that,
for the horse was shy about the head. Yeomans then
was about to try him with the stick, when Marriott's
servant told him not to beat the horse about, for
that he, perfectly sound. After having the
tried in a brake and in the saddle, Mr.
Cookney, purchased him for 251. and rode him home,
that evening, to his residence at Hampstead. On going
up llaverstock-hill, however, certain sounds were eli-
cited from the chest of Al.;. Cookney's new purchase,
which, however amusing to the bystanders, were any-
thing bat pleasing to the ears of Mr. Cookney, who, when
he examined his horse in the stable, discovered that he
had purchased a regular roarer. He thereupon sold him
to Mr. Yeomans for 181., and applied to Mr. Marriott for
the difference between that amount and 251., to recover
which the present action was brought. Mr. Yeomans
placed the horse in a chaise, and sent him down to Ep-
som races, and on the road he performed like a com-
plete band of musical instruments, being not only
a roarer, but a piper and whistler, drowning the sound of
the bugles and horns they passed on the road. The
evidence of Mr. Yeomans, the livery- stable-keeper, and
that of his servants, bore out the statements of the
Learned Sergeant's speech, and great laughter was excited
by Mr. Yeomans's description of the marvellous musical
performances of the horse on the Derby day. Accord-
ing to his account, the grey must have been the very
Lablache of horses. The case for the prosecution being
concluded.

Mr. EILLE addressed the Jury for the defence, and
after ridiculing the idea of the defendant taking in ar.
attorney, said that the real fact was that this was merely
an attempt to saddle the defendant with costs. At the
time the horse was purchased the plaintiff was distinctly
told that Mr. Marriott would not warrant the horse, and
the facts showed that such was the case. Where was the
necessity of trying the horse if it had been warranted
sound ? Mr. Marriott had distinctly told the plaintiff
that the horse would not be warranted, and the horse had
been taken away from Yeomans's stables in consequence.
The plaintiff had then gone to Jewell, the foreman
of the Bolt-in-Tun, said he liked the horse, but that Mr.
Marriott 11 ould not warrant him. The plaintiff and Jewell
bad then gone to Marriott's stables. Jewell examined
the horse, tried his wind, pronounced him sound, and
advised Mr. Cookney to purchase him without.warrantry.
They afterwards met Mr. Marriott, who distinctly told
Mr. Cookney he would not warrant him, and Cookney
purchased him upon the distinct understanding that
there was to be no warrantry. The purchase took place
on the 28th of May, and on the 29th of May Mr. Cook-
ney wrote Mr. Marriott a letter,. stating that he had
discovered that a horse, for the purchase of
which he had been in treaty, was waiting
for him at Hendon, and requesting Mr. Marriott to
take the horse back ; this Mr. Marriott refused to do ;
and on the sth of June, he having sold the horse to
Yeomans on the 3d of June for 181., Mr. Cookney wrote
a letter to Mr. Marriott accusing him of fraud, and
threatening him with legal proceedings, unless he re-
turned the 25L and took the horse back again. With
regard to the wonderful story of the adventure on Haver-
stock-hill, he should prove that on the day of the pur-
chase, Mr, Cookney said he had driven out his wife with
the grey, and was much pleased with his performance.
If he was enabled to prove these facts, he thought he
should fully entitle himself to their verdict. The
Learned Counsel then called Jewell, the foreman at the
Bolt-in-Tun, Mr. Marriott, jun., the son of the defen-
dant, and other witnesses, whose evidence bore out the
statements made in his speech.
Mr. Cookney's letters were then put in and read.
Mr. Sergeant LUDLOW replied at great length.
Mr. Justice PATTESON, in his summing .up, charac-
terised the letter of the plaintiff of the 6th of June as
a most offensive letter ; and said that if the plain-
tiff at that time had been of opinion that he had re-
ceived a warrantry he would, as a lawyer, in that letter
have told the defendant that he proceeded upon that
warrantry instead of charging him with fraud.
The Jury, without a moment's hesitation, returned a
verdict for the defendant.
Mr. Justice PATTESON—There never was a clearer case.

SPIRIT of the PUBLIC JOURNALS

FROM TILE EVENING PAPERS OF THIS DAY.

GLOBE.—An old Latin romance has for its
subject the adventures of an unfortunate wight,
'yclept Apuleius, who took up his lodging at the
house of a female magician in Thessaly, whose
maid-servant he induced to steal from her mis-
tress a box of ointment, by rubbing himself with
which he expected to be changed into a
bird; but as the furtive damsel had, by mis-
take, given him a wrong box, he found him-
self compelled to bray and walk on all fours,
instead of whistling and flying in the air. The
Times is the modern Apuleius. The familiar—
who engaged to supply our Contemporary with the
faculty of whistling soft airs and doing the agree-
able, in order that ".all parties" in Ireland might
be "drawn together," charmed by his fascinating
sounds,—has evidently brought him the wrong
box. Thus, while he fondly imagines he is soar-
ing aloft and "warbling wood notes wild," he
presents a ludicrous mixture of the lion and the
ass, alternately roaring and braying with amusing
violence. While urging the duty of moderation,and
expatiating upon the advantages of domestic peace
upon the population of Ireland—long torn by
faction and divided against each other by the
operation of long-cherished prejudices and un-
hallowed feuds—the pretended advocate of peace
is hurling among that easily-excited people the
elements of strife, in ribald combinations of
weak sense and strong language, similar to
those which it has been in the habit of putting
forth, under varied political aspects, for a series
of years. In no single instance has this contra-
diction between the pretence and the act been
more palpable than in an article which this
inorning appears in the columns of " the leading
journal." Moderation is therein insidiously pro-
pounded as as the theme • but the baser passions,
which
have unhappily acquired the ascendancy
v
reason in the sister country, are in it kin-
dled and fed as from a kindred source.
STAN D A'it -
by the hasty retirement
e—n
Michaelmas Tel. t h forenooneobf.the L Learned
or
nf
ed
Judges, Thursday,
T:ntie abrupt termination of
esu subject of much conver-
sation and of someto complaint.
be The
considerable,inj uryto
many suitors cannot fai
as a great number of cases are thutseposltoptioineodf
from the 25th of November to h
January, with the incidental expenses of
new forms and additional fees, over and
above the evil of the law's delay. But
to whatever injury individuals may be exposed,
it is so much for the public benefit to preserve
the merited reverence with which the Judges
are regarded, that where they err from human
infirmity their errors are to be treated with
a light 'hand. Let us say, too, that the per-
sonal character of the Lord Chief. Justice,. awl
his conduct in his high office, give him a claim
to respect above that with. which. . ny man can
be invested by office. Still it is
.difficult, to
defend the proceeding to which we refer. The
time of the Courts of Justice is, as the Noble
Lord himself observed, the property of the pub-
lic, and of an important part of this property the
public have been deprived by the act of the
Judges, upon grounds which can hardly be con-
sidered sufficient.lo
Lord Denman accounts r his
and his venerable brothers' proceeding„ only as
necessary to maintain the dignity of the Bench. It.
seems, however, doubtful whether the dignity of
the Bench was best maintained by an act which,
besides causing injury to suitors, wore the ap-
pearance—we are sure the appearance only—
o f a peevish temper, of all tempers that which
is least dignified. On the other side, it does