The Sun.
London, England, 1841-11-08 00:00:00

EVENING SUN

SECOND EDITION

THE FUNDS-(CLOSING PRICES.)

BRITISH FUNDS.
Bank Stock 1644 :India Stock 247
3 per Cent Red. 86,1- Ditto Bonds 2 pr
3 per Cent Cons B9 Ditto Old Annuities ...
3i per Cent Red..
New 3i per Cent 99i Ex. Bills, 1,000/....2id 11 pm
New 5 per Cent Ditto 5001.... lO pra
Long Annuitiestoexpire Ditto Small. ...12 pm
Jan 1860 l2 7-16 Bank Stock for Acct...
Oct. 1859
Jan. 1860. Consols for Acct B9i
FOREIGN FUNDS.

Austrian, 5 per cent Portuguese, 5 per cent.
Belgian, 5 per cent lOO4 'Ditto, New Ditto —
Brazilian 80nd5.... 574 ,Prussian, 5 per cent.
Buenos Ayres, 6 per cent Russian, 5 per eent —
Chilian, 6 per cent...... 694 Ditto, Metallic —
Colombian, 6 per cent... Spanish, 5 per cent 2IA
Ditto, 1824. — ,Ditto, Deferred ... 10,1
Danish, 3 per cent 79 French, 5 per cent. —f. —e.
Greek, 1825, 5 per cent — Exchange —f. —e.
Mexican, 5 per cent.... 252 'French, 3 per cent Bof. —c
Ditto, 6 per cent, 1825 jDutch, 2} per cent 5l
Peruvian,lB2s, 6 per et. 27 . 'Ditto, 5 per cent.

_ .
SHARES
Birmingham and Gloucester Railway (100 p) 60
Bristol and Exeter (60 paid) ..... .
Cheltenham and Great Western (62k paid)
Great Western Railway (65 paid) BO
Ditto New Shares (50 paid 57-
Ditto Fifth (4 paid)
London and Brighton (50 paid) 3B
London and Birmingham (90) .........
Ditto Quarter Shares ( .5 paid) 214
Ditto 'Thirds (32 paid) 52
Ditto New Shares ( 2 paid)
London and Greenwich Railway (20 pd)
Ditto New Shares (20 paid)
London and South Western
Midland Counties Railway (100 paid)
North Midland Railway (100 paid)
Ditto New Shares (40 paid)
Ditto Thirds (15 paid)
York and North Midland Railway (50 paid) 82

QUEENS BENCH-(THIS DAY.)
(Continued from our Afternoon Edition.)
SMITH V. CLINCH.

This was an action of trespass brought by the plaintiff,
a widow, residing at Witney, in Oxfordshire, against the
defendant, a banker and brewer of that place, for break-
ing and entering the plaintiff's premises and taking
away certain goods. The defendant pleaded not guilty,
and that the goods and chattels were not the property
of the plaintiff. The case was tried before Mr. Justice
Williams at the last Oxford Assizes, and a verdict had
for the plaintiff, subject to a motion for leave to set aside
the verdict and enter a nonsuit. A rule to that effect
having been subsequently obtained,
Mr. WAKELY now appeared to show cause against the
rule, which had been obtained on the ground that there
was no evidence to fix the defendant with the proceed-
ings had under the writ. The facts of the case were as
follow :—ln November, 1835, the plaintiff, Smith (since
dead) executed a power of attorney to Clinch, for a sum
of 1,0001. money lent. In February, 1837, a mortgage
was made for a further security. In December, 1639,
judgment was entered up upon the warrant of attorney,
and on the morning of the 16th Dec, three days after-
wards, Smith died. On the same evening the writ issued,
clearly, and, as it was admitted on all hands, after Smith
died, and on the following day the goods were seized
for a sum of 9071. 10s. The case afterwards came be-
fore Mr. Justice Coleridge, and on the 31st January,
1840, the writ was set aside on the ground of its having
issued after the death of Smith, and on the 13th Febru-
ary the order issued, on which the present action was
brought, the proceeds of the sale having been paid into
Court, and the action was brought to ascertain NI hat
damages the plaintiff was entitled to for the seizure of
her goods, it having been proved that the goods
which were sold for 1751. were worth 50/.
more. The Learned Counsel said the writ in this case
havirv, been set aside, was the same as if no writ had
issued,' and the question for the consideration of the Court
now was, whether there was evidence to fix the defendant
in the writ of ti. fa. The principal evidence on that point
was the similarity of the name, and the production of the
office copy of the affidavit, on which the execution
issued, from the rule office. Now, he apprehended,
that it would not be denied that that was a
document which might be received in evidence,
It appeared that the defendant had attended the sale
of the plaintiff's goods, and had given directions respect-
ing some of the articles, and it was quite clear, under all
the circumstances, that the defendant had acted in the
case, and had rendered himself liable.

Mr. ALEXANDER was heard in support of the rule.
The question was whether the defendant had done any-
thing by which he had made himself liable to an action
of damages to Mrs. Smith.
Mr. Justice COLERIDGE wished to know how the
Learned Counsel could get over the difficulty of the de-
fendant having interfered at the sale, and directed some
of his men to go and measure the potatoes ?
Mr. ALEXANDER submitted that was merely hearsay
evidence, and that the defendant might have been a
purchaser. Besides, the evidence of the defendant's
attorney went distinctly to negative any interference
on his part, because, when the Sheriff's officer came
to him with the writ, the defendant's attorney
said "go and do your duty on your own responsibility.
I will give you no authority." Now, the evidence on
the subject of the defendant's signature to the affidavit on
which the writ issued, appeared to him extremely incon-
clusive. The original document was not produced in
Court, and there was no means of testing the witness's
knowledge of the defendant's signature.
Lord DENMAN said it had been decided by Lord El-
lenborough that the original document ought to be
produced, and that opinion was concurred in by the
Court of Common Pleas. Mr. Justice Garrow, in com-
menting upon the opinion of Lord Ellenborough in
a subsequent case, thought the production of
.an office copy sufficient where the affidavit it-
self was the only question, but where there
was an allegation that the affidavit was made by a parti-
cular party, then that the original document ought to be
'produced, and he (Lord Denham) confessed that where
the object was to prove the identity of the party, he
thought the Court ought to have the original document.

Ali. ALEXANDER submitted that the evidence of iden-
tity upon that point being so extremely inconclusive,
there was nothing on which the other party could rely
but the alleged interference of the defendant at the sale,
and that he had already explained as being by
no means sufficient to bind the defendant, and
render him liable. The Learned Counsel, after referring
to several authorities on the :object, concluded by sub-
mitting that the defendant was entitled to a nonsuit, and
that the rule ought to be made absolute.

The Court thught there ought to be a new trial.
Rule for a new trial absolute.

SPIRIT of the PUBLIC JOURNALS
FROM THE EVENING PAPERS OF THIS DAY.
GLOBE.—By the law of England the unpaid Ma-
gistrates are the supervisors of the far larger number
of the prisons throughout the kingdom. Until
within the last half century they exercised their
functions in this, as in almost every other depart-
ment of their Magisterial office, ;without control or
molestation from Parliamentary inquiry or public
opinion. While the higher officers of the State were
allowed to prosecute the policy ambition or interest
prescribes, without tho interposition of those salutary,
restraints which have been since gradually in-
creasing in number and in strength, it was not very pro-
bable, that the public would be very acute in discerning
where securities are wanted in the subordinate branches
of administration. The improvement in the public
mind, which has gradually exercised its influence upon
other subjects of national importance, has included the
discipline of criminal prisons within its range ; and cer-
tainly, " the secrets of the prison-house," as they have
been successively disclosed, have not only been " worth
knowing," as they have furnished food for the gratifi-
cation of curiosity ; they also exhibited a state of
things which showed how dangerous it is to intrust ir-
responsible power to the hands of any body of men,
however estimable in their private and social rela-
tions, which, from the inherent infirmity of our na-
ture, is certain to be abused. We do not suppose
that the great body of our unpaid Magistracy, either
in the present or the former periods of its existence,
have been worse than other men. Their actions
show that they have not been better. The same mo-
tives which govern other men in their several avoca-
tions have actuated them. Of these motives it is only
necessary to observe, in order to subject them to a
jealous scrutiny, that they invariably lead a man to seek
his own happiness ; but that it depends, (as far as re-
gards ordinary men) in a great degree, upon the situa-
tion in which a man is placed, whether be will promote
that of others. Hence it is the duty of the Legisla-
ture to take care that every public functionary shall
be supplied with a strong motive to perform well
the duties of his office. Publicity—that is, having the
internal state of several prisons laid bare to the
public eye by means of authenticated periodical reports
from responsible public officers, appointed by the Go-
vernment, and wholly unconnected with the Magis•
tracy, and having authority to enter the prisons at all
times, for the purposes of inspection—seems to be the
most powerful check to evil, and the best means of
effectuating good. The powers thus subjected to public
inspection and control may not, and probably will not,
approve of this intrusion, but society cannot fail to de-
rive from it considerable benefits.
STANDARD.—Sir Robert Peel has taken the
earliest opportunity of the possession of office to re-
sume that character of a real and useful Reformer with
' which he commenced his public life, and which he has
never for a moment laid aside, except when disabled by
circumstances from acting in it. The reform in the
administration of the law, which he began nearly 30 years
ago, with so much benefit to the public, and which he
vigorously prosecuted while in office from 1824 to
1827, is to be again taken seriously in hand. A com-
mission—it is scarcely necessary to say an unpaid com-
mission—composed of the principal Judges in equity, has
been appointed to consider of the manner in which suits
in that department of the administration of justice, ever
which they preside, may be rendered less complicated,
expensive, and tedious than they have hitherto been. If
these Commissioners discharge the duty confided to them
honestly and boldly, and free from professional prejudices
—and it were unjust to doubt them—they will confer
upon the country a benefit which it is impossible to
overrate. The Courts of Equity are now practically
closed against all the people, except where objects of
very great value are concerned, and practically closed
against the less wealthy, whatever may be the object.
If the Courts of Equity, are good for any thing, it is
a good confined to the wealthy ; and these Courts
are often a positive evil to the poor dragged within
their meshes, without the power either to
from the thraldom. It
de-
fend themselves wheni ent
however,hrall enthralled, easucape
to present
in-
adequate view of the evils.t arising from the expense
and tediousness of e
evils to the cases immediately to limit these
three-fourths or more of ytheo equity jurisdiction ;
justice committed by the aidopporfess cion and in-
process is the effect of the inaccessible
mo nh law
ter of relief in the Equity Courts. Take ara
thce-
common case of a debt unjustly charged, against which
it may happen, from a thousand blameless causes, the
party sued has no remedy at law. Equity provides a
remedy against the injustice to which this attempt at
fraud must in the Common Law Courts inevitably lead.
The remedy consists in a rigid examination of the plaint ff,
and other means ; but at present this remedy, by an
equity process, is so dear, that it is never resorted to,
except when large sums are in jeopardy, and even
then it need scarcely be said ttsat it can be resorted to
only by the comparatively rich. Thus the paralysis in
the Equity Courts invades the whole administration of
the law, and nurses a race of cheats and swindlers,
whose malignant influence upon the higher interests of
credit and commerce, and even of public morals, can
scarcely be conceived by those who have not long in-
vestigated and seriously considered the matter.

•--
MELANCHOLY AND FATAL ACCIDENT.-
We regret to have to announce the melancholy death of
Miss Anson, sister to Mr. G. E. Anson, treasurer
to his Royal Highness Prince Albert, which took
place under most distressing circumstances on Satur-
day ar.trnoon, in Hyde Park. The unfortunate young
lady was at the time of the accident riding a high-
spirited horse, which she was in the act of correcting,
when the animal suddenly ran away with her at full
speed, and threw her with great violence to the ground,
close to a gentleman's carriage which was passing at the

time, the wheels of which unfortunately passed over her
neck, and deprived her of life. On being raised from
the gruund she breathed for two or three seconds,
but before she could be conveyed to St. George's
Hospital she had ceased to exist. The accident, as may
be well imagined, caused a most painful sensation in
all the fashionable circles to which it became known.
The body of the ill-fated lady was removed from the
hospital in the course of the evening. This distressing
visitation will put in mourning the Houses of Lichfield,
Rosebery, Forrester, Mansfield, and Waterpark, and
several other families.

THE PUBLIC REVENUE.—(From a Corre-
spondent.)—The Commission appointed by the Crown
to inquire into the charge of collecting the public re-
venue, and of considering whether it will be possible to
effect any reduction in that charge, met this morning at
twelve o'clock at the official residence of Sir Robert
Peel, in Downing-street, when Lord Granville Somerset
was elected chairman. In consequence, however, of
there not being any room sufficiently prepared for con-
ducting the inquiry, after some formal proceedings had
been gone through, the meeting adjourned until to-
morrow.

FIRE AT PRIOR PARK.—At the moment of
going to press, we learned that Prior Park, Bath, the
residence of the Catholic Bishop, Dr. Baines, was on fire
yesterday morning, during the hours of Divine Service.
Captain Carroll and the police were called out of church
to assist in extinguishing the flames. We have received
no particulars, and therefore cannot state the cause of
the fire, nor the extent of the injury sustained. It will
be recollected that Prior Park was accidentally burnt
down about four or five years since.
THE EXCHEQUER-BILL AFFAIR.—The in-
quiry is again proceeding to-day with unabated vigilance.
Mr. Beaumont Smith, we understand, has specially re-
tained Sir Thomas Wilde to conduct his defence.

BRITISH TA RS.—A few days before the
Orestes, just arrived at Portsmouth, sailed from Rio,
the Constitution and otomac, two sixty-gun American
frigates, were lying there, and their Captains had
mustered their ships' companies, and told them, as a
war with England was almost certain, it became requi-
site that they should practise more than usual with their
great guns. The whole of the Englishmen (and we record
it as a noble trait in the character of British
sailors)—as if by mutual understanding, stepped out
and declared they would not fire a shot against the flag
of their native country—against any other they had no
objection, and would be glad of the opportunity. More
than half of the ship's company of the Constitution, and
a great many of the Potomac's are Englishmen, and
many of them old English men-of-war's men. in a
launch belonging to one of the frigates three were recog-
nised as having once belonged to the Excellent.
The Toulon papers mention that the Monte-
bello and Hercule of the line are going to have new
masts fitted, and that they are to be made of Canada
pine furnished by an English house. This is the first
application of this wood in that dock-yard.
A SHARP AND A FLAT.--011 Tuesday, the
19th, a captain of a boat, rejoicing in the very euphonious
cognomen of Ner Twissle, sent a bright youth named
George Mayer to the keeper of the Park-street lock, to
inquire if a letter, which he expected to receive from
Gloucester, had been left at his house, and, if so, desired
him to open it, and take the office order which it would
contain to the post-office to be cashed. Mayer accord-
ingly started on his mission, and, falling in with a fellow
named William Snell, very kindly told him his errand.
Snell most disinterestedly effered to accompany the
simpleton, and on procuring the letter the precious pair
went to the post-office, where Snell made his mark (as
if he were the veritable Ner Twissle) and touched the
cash. The upshot of the affair was that Snell was taken
into custody, and the next day Mr. Sidebottom com-
mitted him to take his trial at the sessions.— Worcester-
shire Chronicle.

STEAM V. THE SWORD.--It is a melancholy
fact (sa:, s an American journalist, speaking of the wide
application of the powers of steam), that, "in these
piping times of peace," we are destroying about as many
human beings by steam, as when " dread Bellona"
reigned triumphant, fell victims to the sword ! A sur-
vey of the many accidents that :have occurred through
this tremendous power will tolerably support the assertion.
The General Steam Navigation Company's
packet, the Giraffe, TI. Stranack, from Rotterdam, arrived
off the Custom-House yesterday, with the Dutch mail.

LAW INTELLIGENCE.

BAIL COURT, Nov. 6.
SPENCER V. TRUSLOE.

In this case both plaintiff and defendant were barge
owners at Rotherhithe, and on the 30th August, when
there was a rowing match in the river, plaintiff was
standing on his barge, when defendant stepped up to
him, and after challenging him to fight, which
plaintiff refused, he pulled plaintiff's nose. To recover
damages for this injury the present action was brought.
Mr. HUMPHREY having stated the case to the Jury,
cal led

Ann Snow, who said she saw the nose pulling take place.
Cross-examined by Mr. PLATT—Did the nose crackle?
—(A laugh.) Witness—l cannot say. I did not hear.
Mr. Spencer took it very quietly.
Mr. PLATT—What, as if he were used to it.

Another witness, who was excessively deaf, was called
to prove that defendant had said that he had pulled Mr.
Spencer's nose.
_ _

Mr. PLATT (for the defence) denied that any assault
had been committed. In the course ofa, quarrel between
the parties, the plaintiff had said to the defendant you
are drunk, upon which the defendant said, " If you say
that again I will pull your nose." Mr. Spencer, with a
proper regard to his nose, abstained from repeating the
offensive expression, and Mr. Trusloe left, and never
returned, so that no assault whatever was committed.
Several witnesses were called for the defence, who
stated they had witnessed the whole transaction, and
swore distinctly that no nose-pulling whatever had taken
place, although it had been threatened.
Mr. HUMPHREY having replied,
Mr. Justice PATTEsoN, in summing up, said that the
shaking of the fist in a man's face was an assault, even if
there were no wringing of the nose.
The Jury found a verdict for_ the plaintiff—Damages
51., costs 40s.

POLICE INTELLIGENCE.
MANSION-HOUSE.
A lad named William Hopkins, who was errand-boy in
the establishment of Messrs. Edgcombe and Co., of No.
24, Watling-street, was charged with having stolen
several bobbins and a skein of silk, and his father, Ed-
ward Hopkins, was charged with having received the
property, knowing it to hare been stolen.
111 r. J. 11. Fellowes stated that he had the care of the
house, and having reason for suspecting the boy, he
went with an officer to the house of Edward Hopkins,
the boy's father, and found in the drawers, the keys of
which the father had in his pocket, several bobbins of
silk, from which the name of the prosecutor had been
evidently burnt off. The father said that they were his
property, and that he had had them for years, but he
afterwards stated that his son had brought them home.
The LORD MAYOR—What account does the father now
give of the business ? The father (Edward Hopkins)--
I am completely innocent of any intention to do the least
wrong, and shall state the whole matter most truly. I
was suspicious that my son was not going on properly,
upon finding that he had more halfpence than in my opi-
nion he ought to have, for I only allowed him ninepence
a week for pocket money ; and having mentioned the
matter to my wife, she determined to go and watch for
him in Watling-street, which she had to pass on her way
to business. She ob:zerved him go from his employer's
house towards Milk-street with a bundle, and she fol-
lowed, and demanded it ; and the boy having refused to
deliver it up, she called a policeman, and, by his inter-
ference, succeeded in obliging him to hand it over to her.
Upon bringing it home she found that it contained a
sailor's jacket and trousers, and in the pockets were the
bobbins of silk, which were afterwards found in the
drawers by the officer. The boy ran off, and my wife,
after she brought home the bobbins, burned off the name
of Mr. Edgcombe.
The LORD Mavort—Why did she do that ? The fa-
ther—l suppose because she was afraid he might be ap-
prehended. I put the bobbins in my drawers afterwards
that he might not come at them again, and I said no-
thing about it, because I thought it hard that a parent
should give evidence against his own child, which I am
afraid I shall be obliged to do now. lam totally guiltless.
The mother, who was called in, stated the circum-
stances in nearly the same manner. She declared that
when she found her son had been acting dishonestly, she
wished to burn the bobbins altogether, for she could not
think of going against her own child ; and how it was
possible to avoid that, and speak of what she had found
in his pockets, she did not:know. If either her husband
or herself deserved blame, she was the culpable person.
Mr. Edgecombe stated, that he employed from 250
to 300 men, women, and children, in his business, and
he suffered dreadfully from constant pilferings. It was
only a few days ago he lost silk by pilfering to the
amount of 151. He should, therefore prosecute the boy.
The LORD MAYOR—I shall commit the boy for trial,
and the father must find bail for the appearance of his
wife and himself on the trial.
William Hopkins was then committed to Newgate.
BOTV-STREET.
FORGERY.—Joseph Paybody, charged with uttering a
forged cheque for 100/., with intent to defraud Messrs.
Snow, Paul, and Co., the bankers, underwent a final ex-
amination, and was ultimately committed for trial on
that charge, but remanded for a fortnight on another
charge of uttering a forged cheque on the same banker.
MARLBOROUGH-STREET.
1 illenry Sims J. Minor, and Frederick Bowman, three
healthy stout lads) strong enough to do men's work,
were charged with having conducted themselves in a
disorderly manner in St. George's Workhouse, of which
place they were pauper inmates.
Mr. Rainsforth, the governor of the workhouse, made
rfiwaetnre
c;)a
. put to,
complaints of the unruly conduct of the ,defen-
dantsand
had They
assaulted
and other lads maintained at the expense of the
h.
e
a
ao
en(oid nssototms doee
to
ft
ithetieheauowork
pr
w aiwtuihpeisec
rlais
tt
em-
ployed d
ployed in various situations in the house, and they had
created a great disturbance in their bed-rooms the over
night. Mr. Rainsforth further said that the language
and songs which
the lads indulged
in, were of the most
depraved character.
In answer to the charge, the lads said,
they were only
phaving
pers a lark with "Upright Billy," one of ll " the old
au.
Mr. lIARDWICK asked why such lads ere per mitted
work in the orlihouse?—Lace w •
Y, the messenger, saidit was
impossible to get rid of them.
Mr. HARDWICK told the lads it would
be no more than
a grateful return for the shelter and maintenance they
received, to conduct themselves with propriety.
The lads were sent to hard labour for 21 days.