The Sun.
London, England, 1840-06-06 00:00:00

LaW INTELLIGENCE.

COURT OF QUEEINPS BENCH, Jags 6 •
( Sittings in Banco.)
GEARY V. HARVEY.

This was an action which had been brought by
plaintiff against the defendant, the proprietor of t he
True Sun newspaper. It appeared that, at the col b-
meneement of the Session of Parliament, in Novea
ber, 1837, the defendant had engaged the plaintiff
one of his corps of u.porters for the Session. On tb e
23d of December, howeFer, the paper ceased to be pub _
lisbed, and the plaintiff was dismissed; he consequenti y
brought this action in the March following, in c --0 -
cover damages for the breach of contract.
wasbrought before the Session of Parliament cam,
The defendant paid fifty guineas into Court,
Denman, in summing up the casa, told the Jury

to consider the damages as up to the day at ,% "
action commenced, and the Jury, considering fift:
guineas a reasonable remuneration for darnagcs ei
to that day, returned a verdict for the defendant.
rule had subsequently been obtained eallhag on tlic.defeik
ant to show cause why a new trial should ,uat be bad, c n
the ground of misdirection by the Learned .Tudge.
Mr. PLATT showed cause against la a rule, at id
contended that the direction of the Learne, d Judge si /es
perfectly right; because if evidence miga'it be git en
of matters which had occurred since the con, ‘mencemetak
of the action to increase damages, evidence might al se.
be given to diminish them, and the consequence wouidi
be that damages would be variable according tf, the day
on which the trial took place.
The ATTORNEY-GENRRAL in support of the n Said
that the action was brought to recover comps. aaation
for a breach of contract, and not to recover arrears of salary
up to the end of the session; but neither was it rigl it that
the plaintiff should only recover his salary up to 014 time
at which the action was brought. The action was br, ought-
to recover damages from the defendant fur dis-
charging the plaintiff, and the Jury were to asses the,
damages, and it was of no consequence at what unit the,
action was brought. He entirely denied the position Rs; titn-
ed by his Learned Friend, Mr. Platy, and contci ,ded
that evidence might be given of matlris occuring sub.
sequently to the bringing of the aition, with a • view
either to increase or diminish damages. If they had wi iited
until the termination of the Session before bringing the
action, the cause of action would have been precisely the
same, it being an action fort- reach of contract.
Mr. CaaAsv followed on the same side.

Lord DENMAN said the point was s. new point, op,
of very great consequence ; therefore the Court
consider of it.

On Flidav last a fine sturgeon was taken in thc,
river Thames, off' Blackwall, which the Lord Mayor (itrocv,4
to be sent to the .Queen Dowager. Her majesty was I,:;•...eicasly
pleased to accept the present, and to express her c.ateful.
thanks to the Lord Mayor for his kind attention.
OPENING OF THE BOTANIC GARDEN o
SUNDAYS.—In consequence of the resolution adopted at the
clo‘F.kelt:rtr
meeting of the proprietors of these gardens last week, • •• j
admission of the public on Sundays, a special general o • !he
of the proprietors was held on Tuesday last, at two.o'•
the purpo,e of re-considering the question. Ner_..i..
rietors attended, including the Rev. lleeto-. ca_Y_ ''''
tahnedolddeestuslitotirryopenin
the
gai,,,,,.
several other cletgymen of the Churehed:co:fssiEmni..oinlailit.
~,,.,..,,..r
.ie
ch:.ir was occupied by Charles linrl=',aii, Emi,,,
i.‘.. ,
rescinded. They ,i Aftered ba
yss
101 l mo.aue,lwdt-ohia)7ot6ntotiias ty
Sundayare to be opened :. -,lids. .
"."1 To allow met: te •,,c.,;.
ship God through his botlitt'-%1 works on the Sabbath, would
and Fridays. —.Liverpool Al.erc%ry.
weaken the eraft of the priests ; therefore botanic gardens are
closed. Surely tho priests must be unbelievers in God, real
Atheists, or they would never think of shutting God's creatures.
1 out from contemplating his works on the only day on which
many millions of them have a respite from irksome toil. Let.
them be called then the Atheist priesthood.—Et,. An. 1
ARBROATH.—The high winds on Monday tii(
2olli have done immense injury to tho crops in our neigl-lotir.
hood, especially in the light sandy soils to the west of 0.2 m Or
each side of the Dundee 1-14ilway the sand was hicAvn up lit.a
wreaths of snow to the depth of several feet, and on some field
to a level with the stone fence which but partirj)). impeded it
prorni•es. The gardens have eyaally suffered i.n the devastation
. .
particulaily trees and IPtslies in blossom.

At an early hour yesterday morning a mos
awful occurrence took place in a boo in that part of Barn
well called Union-row. The occl:.pant, a woman of the new
of Jane Mackay, went to bed in company with an under-gra
duate of this University, both being in a shocking state of in
toxication. Tho young man smoking a cigar in bed, abut
four o'clock the bed curtains and clothes took fire, and belie
assistance could be rendered, the unfortunate woman was burr
in so dreadful a manner that no hopes are entertained of bet
recovery. She was ultimately conveyed to the hospital. Tilt-
young man escaped without any material injury. By the activr,
exertions of the police, the house was saved from destructiOu
It is said that the fire originated iu different parts of the room
the dressing table being reduced to ashes.— Cambridge Afire".
tiser.

NEW MODE OF DETECTING ADULTERATION.
;4 Ps.ena.---An ingenious and scientific gentlema . • is,
M. Seflier, who, it will be recollected, some time s'
out the intimate connection existing between sow
tricity, having had his, attention called to the sill
adulteration of flour by its admixture with the feet
toes, has been so fortunate, in some recent elect , • .-
meats, as to hit on a means which, with but little pravt..,:e, may •
be employed by any one for the purpose of detesting
the presence of fecula in flour, and showing the aetua)
extent to which, the fraud Las been carried, -14.1. Sellier's
process is this; hg takes a plateau a; hoar) of a flat
surface, over which has been laid a coating of common
sealing-wax, and charging part 3f this surface with po-
sitive and part with negative electricity, by means of a Leydeit
jar, he throws on it, through a barber's puff or small bellows, a
qnantity of flour, when if the article be mixed or adulterated,
even to a fiftieth part, the flour is completely detached from the
extranenus matter, and attracted by the negative electricity, and:
the fecula by the positive, The appearance described on t 4,
waxed board by the ibeula is what is known among scientifict
individuals as the figures of Lichtenberg. The difference is so
great between flour and fecula, when examined either through
a microscope or magnifying glass, the fecula presenting a vip.
• riety of bright transparent particles, wl-,i'-=, the flour retains its
dead 'opaque white appearance, that the taleSt 'unpractised eye
requites but a short space to distinguish the one from the other,
Nices no,nwt to 7t h
inheritse f kalalya,rg2aftfeorrsttulninerrikg, iallanienas.ts.
DEATH OF PAGANINI.--ThiS celebrates Vila.
ltireisittsiedlettatoi
remains were ernba,lrAeds to be removed to Genoa, his native
town: for mteripetit.
The most wonderful perfumer of the
violiA has been taken from the musical world. He had hosts
of imitators, but not one rival., He castled executiou on the
fiddle beyond any former or suhseytent performer, and his
almost demoniac feast of dexterity were only equalled by his
touching twig, beautiftl e.xpressian, impassioned feeling, and
correct intonation. His conyesitions partook of his unearthly
appearance ; his style was " sad by fits, by starts was wild."
His witches' dace was incomparably grotesque, eccentric, and
true withal, and never did violin weep such strains as his ‘• Nel
to be de adeC
cor pie,''' Paganini was avaricious, and little pe
1
by which he
•on in worldly affairs ; but some fits of generosity ~ . .
impelled have astonished even himself. Ise w 0,,,,. i,t ter,
was
it is said, forgive l,issetf for the gift of 20,000 francs to Bet..
lioz, whom he styled the modern einrn_aßrssethouvent.ool 1
efl.':ilast and
gaged in the Casino speculation
damagesPi wberet
awardt.p>igainst
abandoned it, for which heavy
him, the
payment of which he avoided by his return
y to Italy„
where he died.
DISTRESS OF COTTON SPINNERS AT OLD,
HAM—Cotton-spinning is in a most depressed state-.one
hundred and twenty-nisie operative spinners of the town and
vicinity of Oldham are entirely out of employment, 1 art ly at..
tributablo Wale insolvency and discontinuance of a few mann-
factoring firms, and to a system that has become prevalent ne
coupling or uniting jennies, which has the effect of decreasing
the number of hands ; the consequence is, these poor ~s,prit_
tires and their families are almost in a state of &sun It
is very desirable the public should endeavour to alley . Weis
sufferings. by pecuniary atd.-Stockport Cironicle.
THE TURN-OUT.—The turn-out still exists,
with some trifling exce.plions,, in. its original state. Thi greatest wonder now is, that the hands have been alo,c to re-
main out for so long a period; td the speculation hay beta
hazarded in certain quarters that some patriotic aril is tuential
.parties, touched with sympathy towards them, h-
..se contributed
towards their wßort by pecuniary assistance., This has arisen
iiiC°llseVkftese 01 inquiries having bee•. instituted, the remit
...
o,(Which has • ' 1 il
, satai-a„or..cy proved, t",..at the masters in Stockor
are
..ot-or rather were t,::),t.-,-
eaying a higher rate of n-a
geditrai.
is paid in,Qther towns, A e merely mention this as the
.cublre e
It.,
n
rumour; witheelltding ourselves in any way
its accuracy. Several meetings have been held
b responsible
y the turn-our
assert that*/
during the week, and we may with perfect truthsever.
skeh .
spirit of resistance among them is as active a
Chronic/e.
THE SAILORS' HONIE.—The supply of useft
and ornamental work sent to the Painted Hall in Grec'nwic
and the ratio,
! Hospital yesterday, by the Queee Dowager,
• 1 lad • patronesses, in aid of the funds of that truly national
:, it
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