The Sun.
London, England, 1841-11-04 00:00:00

THE LATE LORD SYDENHAM.

evade his contract. It was of great importance to the
defendant that such an imputation should not lie upon
him, and, certainly, as was the opinion of the Judge on
the trial, the evidence was by no means sufficient to bear
t out. The Learned Counsel went at some length into
he evidence, to show that the bulk did not agree with
,c samples, and that, in reality, the latter were proved
in the same state as furnished by the plaintiff.
,ule nisi granted.
MARGATE PIER COMPANY V. HIIIIST.

to be

The defendant is a coal merchant, who, since the erec-

tion of the Margate Pier, had been accustomed to land
coals upon that erection, paying to the Company a toll of
4s. per chaldron, according to the Act, 52, Geo. 111.,
c. 186. But in 1835, the Metropolitan Coal Act, the
Ist and 2d Will. IV., was passed, by which coals were
directed to be sold by weight, and all contracts respect-
ing coal, wherein the term " chaldron" was used, that
term should be understood as equivalent to twenty-
five cwt. But in the General Coal Act of the
same year, which applied to the whole kingdom, except
the metropolis, there was no provision for such a change
of the measure into a denomination of weight ; but
there was a clause enabling parties to apply to th jus-
tices in Quarter Sessions whenever any dispute arose.
The mode in which the Margate Pier Company chose to
apply the Act, in the adaptation of their rate of tolls to
the altered denomination of coals, gave great dissatisfac-
tion to the coal merchants, who refused to pay the new
rates. This action was brought to try the question, and
a verdict was returned for the plaintiffs.
Mr. DILE this day moved for a rule for a non-suit on
the ground that the •claim of the plaintiffs was contrary
to the legal interpretation of the Act ; according to
which he contended that the defendant had overpaid the
plaintiffs in the amount to which he had consented to pay.
The COURT considered the verdict well found, and re-
fused the rule.

DAVIS V. TILE CORPORATION OF SWANSEA.

Mr. JAMES applied for a rule to set aside the verdict
for the plaintiff. The action, which was tried at Gla-
morgan before Mr. Justice Erskine,ag
ainst
the brought
the new Corporation of Swansea
by the plaintiff, who
had been treasurer, collector, and common attorney to
the old Corporation, to recover compensation under the
Municipal Corporations Reform Act. The Mayor and
Council disallowed his claim (9731.), on the ground that
he had not properly set forth the amount of his income
derived from the office during the previous five years, as
the Act required. The plaintiff, instead of rendering.a
detailed account, stated the average of his income in
those five years to have been 641., the value of which,
taken as an annuity for life, was the sum laid in his de-
clatation. Mr. James contended at great length, on the
part of the Corporation, that the plaintiff had not com-
plied with the Act, and therefore that the verdict in his
favour could not stand.—Rule nisi granted.

COMMON PLEAS.-(THIS DAY.)

BARTHOLOMEW V. CARTER.
In this case, which was an action against a Middlesex
constable for false imprisonment, and which has been re-
peatedly reported in detail, a verdict was given for the
plaintiff in 40s. damages.
Mr. HUMPHREY this day obtained a rule to deprive the
plaintiff of his costs, under Lord Denman's (the Frivo-
lous Suits) Act, inasmuch as the Judge did not certify
in Court immediately upon the delivery of the verdict, as
the Act requires.

GIBSON V. BRAND.

';he plaintiff and defendant are silk-manufacturers,
and the action was brought for an infringement of the
plaintiff's patent in an improved process of manufacture,
by which the gum is more effectually and at less cost re-
moved, than by the operation previously employed. The
Jury found for the plaintiff on some of the pleas, but
generally that there was no infringement ; with other
special findings.
Mr. Sergeant CHANkELL, after an argument of great
length, and a minute detail of the technical peculiaritie's
of the processes employed respectively by the two par-
ties, obtained a rule nisi to enter a verdict for the de-
fendant on all the pleas.

IRELAND.
DUBLIN, Nov. 2.—lt appears that Mr. Lefroy is to
obtain the Judgeship rendered vacant by the retirement
of Mr. Justice Johnson. Baron Foster, it is stated, is to
go to the Common Pleas, as the successor of Judge John-
son, and Mr. Lefroy is to become the Junior Baron in the
Exchequer, in place of Baron Foster.
The appointment of Mr. Lefroy—the most thoroughly
Orange partisan in the country—to a Judgeship com-
pletely throws off the mask put on by Sir Robert Peel,
Lord de Grey, and Lord Eliot, at the formation of the
Tory Ministry.
At the Orange meeting held in Marlborough-green,
in this city, in 1829, Mr. Sergeant Lefroy declared that
the passing of the Catholic Emancipation Bill would ab-
solve the Protestants of Ireland from their allegiance.
In the autumn of that year, the late Chief Baron Joy
waited upon Mr. Sergeant Lefroy, and intimated to him
that the Duke of Northumberland, then Lord Lieutenant
of Ireland, considered him so decided a partizan that he
would be unfit to act as a Judge of Assize in place of
one of the Judges who had been unable, on account of
illness, to go circuit. In consequence, Mr. Lefroy at
once resigned his sergeantcy.
Yet this is the man whom Sir Robert Peel, Lord De
Grey, and Lord Eliot, after all their professions, consider
fit to fill the judgment-seat in Ireland ! Even to the
Tories, such an appointment is utterly disgraceful—it is
really infamous.

EXCHEQUER..—(THIS DAY).
(Sittings in Banco.)
WILLIAMS V. BAILEY.
In this case an action having been tried on a bill of
exchange, and a nonsuit obtained by the defendant, Mr.
Cresswell moved to set aside the nonsuit, on the ground
that the act of one partner must bind the other. , •
Rule refused.

INSOLVENT COURT.-THIS _DAY

IN RE LADY FANNY HYDE PARKER.

The insolvent in this case was the relict of the late
Admiral Sir Hyde Parker. She has been frequently ex-
amined in Court, and all the facts of the case have been
already before the public.
Mr. Cooke, the insolvent's counsel, said the case had
been aheady heard by the Learned Chief Commissioner,
who ordered its adjournment for service. Ills client
vt as very far advanced in years, and was in very delicate
health. In the schedule a debt of 4201. was stated as
due to the estate, and at the time it was doubted whether
the person owing it was solvent, but it had been since
ascertained that he was, and this sum further will be
available to the creditors tothe amount of 7s.in the pound.
Mr. Commissioner LAW said the case had been already
closed by his Learned Colleague, and he could not think
of entering upon it again. He could only adhere to the
judgment as recorded in the book.

FALL OF EARTH. ON THE CROY

DON RAILWAY.

The trains were stopped from running yesterday morn-
ing, between the Now Cross and Dartmouth stations, in
consequence of a slip of earth, to the extent of 20,000
yards, having taken place, at eleven o'clock on Tuesday
night, from the banks of a deep cutting, rather
more than a quarter of a mile south of the New Cross
station, on the first inclined plane therefrom towarda
Croydon. The earth has slipped in from both flicks
of the embankment on the rails, and covers them
to a considerable depth. It was so far fortunate that
as the half-past eight o'clock train passed a partial
giving way was observed, and information of it hay ing
been forwarded to the London and Croydon stations the
trains were stopped for the night. The Directors
were immediately apprised of the circumstances, and
Captain Heaviside and other Directors instantly as-
sembled, and determined upon contracting with Messes.
Wheatley, the coach proprietors, for the convey-
ance of the passengers going to and returning from
London on the Brighton, Croydon, and London lines,
on that part of it between New Cross and the Dart-
mouth Arms station. Several engines, with carts a;.-
tached, and a great number of men, were employell
in clearing the rails, conveying the soil down the incline
towards Cold Blow Farm, Deptford, where it is shot
over the western embankment ; and it is fully expected
the rails will be clear in a few days, as the clearing of the
last Brighton railway slip, at Merstham, was completed on
Tuesday night, and the men employed at that are now
available to assist in this one, which it appears has taken
place through the unprecedented state of the embank-
ments, resulting from the immense quantity of rain which
has recently fallen on them, which are constructed upon an
incline of two feet to one foot rise. The number of inert
employed in removing the earth has been increased to
500. The Brighton Company are only running five
down trains, and four up trains, in consequence ;
but will increase them to seven each way when the
line is again clear. The Croydon Company have
also discontinued nine trains per diem. A con-
tinued crowd of persons have been at New Cross to see
the passengers arrive and depart by the omnibuses. The
train from Croydon, upon arriving at the place, was
stopped by a signal, and the passengers were conducted
by the guards over the slopes, or top of the embankment,
to the other side, where a train was in readiness to take
them to London. So near was the Brighton up-train
hat it caught the end of the fall of earth and escaped.

OPENING OF TERM.
November Term commenced this day. The Lord
Chancellor, Sir E. Sugden, presided in the Court of
Chancery. Twenty-five new Barristers were admitted,
seven of whom took the Roman Catholic oath. The
new Chief Justice of the Queen's Bench (Mr. Penne-
father) did not appear in Court.
THE NEW CORPORATION.
Yesterday the Lord Mayor was detained for a con-
siderable time at the Assembly-house after the adjourn-
ment, the crowd in the surrounding streets being so
dense that it was with great difficulty and delay his car-
riage could be brought to the house ; and to induce the
vast multitude to disperse, he presented himself at the
front window, dressed in his scarlet velvet robes and
cocked hat. This was the signal for cheers that were
perfectly astounding. The street presented a most
animated appearance, the windows, to the very topmost,
being filled with spectators, principally ladies, who, by
waving of handkerchiefs, marked their participation in
the general feeling. After an interval of some minutes
had elapsed before comparative silence could be obtained,
his Lordship addressed the multitude. He said it was a
great day for Ireland.—(Great cheers.) He wondered did
they know him as Lord Mayor.—(Cheering.) That day
was one of triumph for the principles of civil and reli-
gious liberty, and that, too, in a spot where they were
never heard of before.- Were there, he asked, any tee-
totallers in the vast assembly which he saw before him ;
and, if so, he trusted they would celebrate that triumph
temperately and good humouredly, and that they would
imitate his example by emptying their glass in the
evening, but they should recollect it was only to be
filled with water.—(Cheers and laughter.) Oh I what
a great day that was for old Ireland, when the Lord
Mayor of Dublin was a Repealer. It was only a fore-
taste of what they might expect for their country,
when she should enjoy their own independent and pro-
tective Legislature.—(Loud cheers.) He begged of his
friends, after the triumph they had achieved, and, as
he was fatigued by the labours of the day, to retire
peaceably and quietly to their respective homes, promis-
ihg them that it would not be the last time they should
have the pleasure of seeing him.—(Cheers.)
The Lord Mayor then descended and entered his pri-
vate carriage, still wearing his robes. It would be ut-
terly impossible to describe the enthusiasm with which
his presence was hailed by the people ; the successive
peals of acclamation which rapidly followed on each
other were literally deafening. But here numbers were
doomed to disappointment ; .not only those, the great
bulk of the assemblage, who had in vain expected a pub-
lic procession, notwithstanding every assurance to the
contrary, at least Tor the present, but thousands who had
congregated in College-green, particularly about the
statue of King William. Instead of taking this course,
his Lordship, with whom was his secretary, Mr. O'Neil
Daunt, proceeded up William-street, passed through
King-street South, and across the Green to Dawson-
street. '.i. here the carriage stopped before the Mansion-
house. His Lordship having alighted, entered the Man-
sion-house, went through some of the apartments, and,
re-entering his carriage, proceeded to Merrion-square,
where thousands had already assembled to await his
approach.
At about half-past three his Lordship alighted from
his carriage, and entered his house amid the most en-
thusiastic outburst of popular joy we ever witnessed.
After silence was restored, his Lordship took off his
hat, and addressed the people for a few minutes to the
following effect :
" A greater revolution has never occurred than that
which has been this day consummated. Fifty years ago
who would have ventured to say that I should be Lord
Mayor of the City of Dublin ? Yet I now address you
as the Chief Magistrate of this great metropolis. Let
them, then, tell me, if they dare, that I won't carry the
repeal of the Union, and that I, who am now the
Catholic Lord Mayor of Dublin, elected by the popu-
lar voice, shall not have the still greater honour of
being elected to serve you in the Irish House of
Commons. Yes, I shall yet address the Speaker of
the Irish Parliament in College-green.—(Tremendous
cheers.) Now that I am the guardian of your
rights, it shall be my duty to use every energy to
promote and advance the interests of your city, to
encourage morality, and discountenance vice. In doing
so, one great means shall be to use my utmost endea-
vours for the spread of teetotalism. Oh ! give me my
honest teetotaller. My friends, you have gained a great
and a glorious triumph—you have gained that triumph
in a manner worthy of yourselves—your triumph is one
of peace—that of liberto over oppression—of religious
equality over sectarian exclusiveness. In your struggle
for this great end no riot, no tumult, no bloodshed has
characterised your proceedings—there is nothing to cloud
your joy. Enjoy, then, your triumph in the same spirit
as that in which it has been achieved. This is, indeed,
great day for Ireland. We can triumph over the ene-
mies of our country without injury to any man—without
insult, or molestation, or offence. We want to be su-
perior to none—we are now their equals in everything,
and it is not for us to seek for more—we never
wanted more—we are satisfied with equality—we now
have it carried into practice. (Loud cheers.)
lam now your chief magistrate—to me you have en-
trusted the peace and tranquillity of your city. I need
not tell you that in that capacity I will, to the utmost of
my power, exert the strictest impartiality, and in every-
tb ing, I know, I can rely on your support and cordial
00-operation.-(Cheers.)
His Lordship retired from the balcony amidst the most
,deafening cheers. The vast concourse, whose conduct
on this day of national triumph had been marked through-
out by the most exemplary order and inoffensive demea-
nour, then retired, and the most perfect tranquillity
reigned in the city during the remainder of the evening.
THE NATIONAL REPEAL ASSOCIATION.
'The weekly meeting of this body was held to-day at
the Corn Exchange. Shortly before one o'clock the
Lord Mayor entered, and was received with loud and
Pooled cheerin; when, on the motion of his Lord-
sh dp, Mr. Markey was called to the chair.
After the announcement of contributions from Eng-
le' id and America,
Dr. MURPHY g are an account of his mission to the
county of Sligo, for the purpose of aiding in the registry
the re. Lord Palmerston was giving his best assistance
to I us numerous tenantry to register.
1 dr. O'CONNELL was.delighted to hear that Lord Pal-
merston was now looking to the state of the registry in
the ,t county in which he had so much property. He had
no doubt that in a short time the Percivals and Folliotts
wol aI be driven from the representation of Sligo. Lord
Pal m erston was a statesman of the first order; by his po-
THE POLICE COURTS' ACT. hey- fi B. ten years he had preserved the peace of Europe
in the midst of difficulties, and added glory to the British
(FROM A CORRESPONDENT.)
For some time past representations have been made toweek as declared to be
name in several parts of thelobe.—(Cheers.)
the Secretary of State, and also to the Commissioners Th. ere peal rent fort e pastw
of Police, complaining of the inconvenience that existed 2961. 15s. Bid.—The meeting then adj___'ourned.
in the district of the Croydon Police, a consequence of THE QUEEN DOWAGER. _
the present defective arrangements in reference to the
e following bulletin was received at Marlborough
attendance of Magistrates to dispose of the cases brought ' •
Hoar se this morning :
by the police. Our readers are aware, that, by the
provisions of the New Police Act, the Metropolitan Po-
th‘
night,ml'heQueaenndDhoewragmera
jehsatsy slept at
not
qienitteerveaelsideuhrighingd
lice were empowered to act, under an Order of Council," DAVID DAVIS, M.D.
within fifteen miles :of London ; and the P division of th
Police, in accordance with that Act, have, for a consider- "iu
Sudbury Hall, 1641."
COURT CIRCULAR.
able time, been extended to Croydon, and four or five
miles below that town ; but, although the police are ner Majesty and Prince Albert took an airing yester-
extended, the new Act of Parliament is itself almost a d
It afternoon, attended by the Maids of Honour in
dead letter, inasmuch as it requires two county Justices \
at least, in number, to be enabled to act upon it ; and , Vaiting four. Colonels Arbuthnot
nd Wyld in a carriage and
were in attendance on horseback.
as it is with very great difficulty, occasionally, that ‘-
His' Royal Highness Prince Albert, attended by Colo-
one Magistrate can be obtained, it occurs that
the provisions of the Act are seldom or ever nel Wyld and Captain Francis Seymour, rode out on
horseback
put in force. There are ten resident Magistrates in the
neighbourhood, but as roost of them are gentlemen con- The jleyylelstedrideanye,ra party
yooant Buckingham Palace, last
.
venine, included the Earl of Liverpool and the Earl of
nected with business in London, and who go to town
every day, and others live at a distance from Croydon, The Band of the Coldstream Guards attended at Buck-
and very seldom go there, the whole burden of the hi...el- Ingham Palace during the evening.
.
mess rests upon two or three gentlemen, who deserve,
The following Bulletin of the health of her Majesty
great credit for the services they render; but itfroften the Queen Dowager, was received in town yestere,ay :
necessarily happens that they are unable to come to " The Queen Dowager has been much disturbed by
Croydon, and the police have them to send about in. all cough during the night, but her Majesty is not worse
directions to find a Magistrate, and in the meantime the this morning. "W. F. CHAMBERS, M.D.
prisoners are detained in custody, frequently
.for an ex- " DAVID DAVIES, M.D.
tended period, the witnesses are kept waiting, and at " Sudbury-hall, Nov. 2, 1841."
times it is found necessary to send the prisoners back Flex Royal Highness the Duchess of Gloucester gave
to the police-station for another day, or till such time, a dejoame yesterday afternoon, to the Royal Family, at
if it is a serious case, as a Magistrate can Gloucester House, in honour of the Birth-day of the
be obtained. Another inconvenience arises from
Princess, ophia. There were present their Royal High-
this state of things. The police have no place of their nesses racesses Augusta and Mary of Cambridge, and
‘e Duchess of Kent, the- Duchess of Cambridge,
the
own to which y can send a prisoner for safe custody, be Pri,
and they are obliged to send him to what is called the,
'tines George of Cambridge; and also his Serene High-
cage, or town gaol; and for every prisoner the parish at
Croydon makes a charge upon the constable who bri- age lit •"5 Pi Ernest of Hessehili psthal.
him, of so much per day; and as there are no ends , Rinoeyeal Highness Prince GePorge of Cambridge ar-
Tweet e
from whence repayment can be obtained, the cons'
ery often have to pay this sum out of their own r oc:kets, g
evenin from Dublin. t his residence in St. James's Palace on Tuesday
It is very necessary either that a police court slierild be
erected in that district, or else that some other means te
cessef Augusta and Mary of Cambridge,
Duchess of Cambridgz accompanied
return
dthrhbyethd
teePicrien;
should be adopted to put an end to this incosivenirlnt state yes rday afternoon. .
of things. Hon. J. D. Bloomfield,
'Ala; Ted with despatches from the reached
Aberdeen,
r. Murchison, President of the Geological
St. Petersburgh, to the Earl o_
tfseven nionthi, during
P .wn last night, after an absence o
arts of the Russian
which he has visited many distant p
Coin-
empire,.the South Sea Cons-
Chairman of f the Ex--
Mr, Charles Franks, . .Society,
c aer yesterday, at his
terview with Sir Robert
I 'any, bed an interview
et roe h had an in
Le rd Ellenboreni
residence in Downing-street, on
Pe. V, at his nifici' wish the Chancellor e
:Omelet residence, in Downuig•

SIERRA LEONE.—The state of things in this
settlement is thus described by the recent emigrants to
British Guiana, some of whom are acquainted with in-
dividuals in the African regiment lying at Demerara.
They say that they are laying out the land in large
estates for the growth of colonial produce, and that the
natives from the Bullom country, the Mandingos, Conga,
and Foulahs, are pouring into Sierra Leone across
the boundaries for work—that by these large estates
being formed, they have been obliged to give up the -,2 - I
ground they hitherto held, and to retire farther into the - ti('*
aY.
believe 11
son to
interior, near to the na9untains—that, rather than do W e have reason
six ships of the line proceeding
believe that. the statements
made restive to
this, they resolved to enf:grate, and that there are thou- l t ly
sands who will ‘1!:, the same. - They state that provisions 1 fareerti ' Toulon
atcid that those six vessels are to form a
are very ‘ft,esp at Sierra Leone, and that they can ee.rn is iac orre
of ol;iservation which the French Government
Brest for the purpose of being disarmed,
"..1:3, 4d.. per diem for agricultural labour.—Jantaim, squ se iron to employ on lie coast of Spain.—ilerald
pu) i oses
I Paper, Sept. 17. -

As every thing connected with the latter moments of
this lamented Nobleman will be interesting to the public.,
we arc happy in being able to lay before our readers a
correct statement of the symptoms, &c., of his Lordship's
mortal illness.
At six o'clock on Saturday, sth September, on his re-
turn from riding, Lord Sydenhatn's horse stumbled and
fell on his right side, by which accident the right leg of
his Lordship was thrown under. The horse was soon on
his feet, and moved forward for some distance, dragging
the rider with his foot in the stirrup; from which posi-
tion he was soon extricated, and carried to his residence,
then close at hand.

On the arrival of Mr. Farnden it was ascertained that
the tibia was fractured obliquely to the extent of two
inches, about two-thirds from the knee, the fabula being
entire. There was also a large circular and ragged wound
of considerable depth immediately above the patella of
the same limb, which it appears had been inflicted by
the angle of a large stone against which he bad been
dragged.
The bone was at once adjusted, and the limb placed
on a pillow, where it remained undisturbed till next
morning, when Dr. Sampson was called in, and assisted
in putting it up with a, many-tailed bandage and splints.
no inflammation having arisen to forbid such applica-
tion. His Lordship passed this and the following night
with comparative ease. The wound above the knee eon-
tinued for some days to assume a sloughing appearance,
which, however, was replaced by a healthy granulating
surface. It was, however, afterwards necessary to open
a pending sinus of an inch and a half in extent, which
also proceeeded towards healing kindly. No difficulty
was, therefore, apprehended from this source. On the
morning of the fifth day it was thought necessary to
place the limb on a double inclined plane in a fracture-
box, where it remained tranquilly for a few days.
On the 9th day his Lordship stated that he had felt
during the night, at certain intervals, three severe
spasms in the wounded extremity—extending from the
groin to the foot, by which the limb was on each occa-
sion so violently agitated as to produce crepitus evi-
dent even to the ear of the patient. The limb had
been examined on the previous day and found going on
extremely well towards union—but now on removing
the bandage, and examining the kg, complete dissolu-
tion of union proved to have taken place ; the broken
surfaces moving on each other with freedom. All tume-
faction
had by this time subsided, leaving however eon-.
siderable chemocis. It was now thought necessary to
place the limb in a more secure state, and accordingly
slips of wetted pasteboard, surrounded by a long roller,
were applied, and the extremity placed in a well ad-
justed and padded hinged splint, of an approved con-
struction. The spasms continued to affect the limb in
a minor degree, though still sufficient to produce crepi-
tus ; but as it was impossible that any considerable dis-
placement could now take place, it was not thought ad-
visable again to remove the dressings. Daring the whole
of the above period there was great restlessness—his
Lordship seldom sleeping more than an hour at a time.
He was constantly anxious for a change of position, and
required moving very often. A sling was therefore
placed between two standards, fixed to opposite sides of
the bedstead, on which the apparatus was placed, so as
to obviate concussion, in the event of spasm, or other
movement of the body.
The spasmodic movements of the limb never entirely
subsided, nor did the accompanying crepitus. About
this time the patient complained of slight soreness of the
throat, which, at the end of three days, produced inabi
lity to swallow anything but liquid, sucked through a
tube. It appeared at first to be an attack of epianchaa
tonsillaris, such as might be expected to arise from
exposure of the uncovered surface of- the body to the
air. It soon, however, became but too evident that the
muscles of deglutition had partaken of •the spasmodic
character. Blistering externally, and the usual nine-
dies,, were therefore applied. On the morning of Fri-
day, the 17th, very violent elonic spasms, returning at
short intervals, assailed the muscles of the abdomen,
as well as those of respiration, and in a few hours after-
wards the lower jaw became locked, and partially closed.
All means which could be suggested on this emergency
were resorted to by the medical attendants, who were by
this time joined in consultation by Dr. Widmer, of To-
ronto. Every alarming symptom now progressively in-
creased, and his Lordship expired at five minutes after
seven o'clock on Sunday morning, the 19th inst., imme-
diately after the cessation of a violent spasm. The frac-
tured bone was found, on examination, to have under-
gone no union, though lying in the most perfect opposi-
tion.—Kingston, Canada, Sept. 21, 1841.