The Sun.
London, England, 1847-10-04 00:00:00

S N 7 OCTOBER 4, 1847.

COUNTY COURTS.
TO THE EDITOR OF THE SUN.
SIR,—If the grievance of which I am about to
complain could be redressed wi:hout the aid of public
opinion I would not seek to obtrude myself on the
notice of your readers, but I have to impugn the de-
cree of a County Court judge, a magistrate despotic
by law, and, unless the press intervene, irresponsible
in fact.

Some time back a nobleman, after putting a letter
into the post-office letter-box at my house, entered
my shop, and asked for certain goods. They dis-
pleased him; he disparaged them in terms and in a
manner that to me appeared contumelious, and I
ordered him repeatedly, and, no doubt, in an angry
tone, to leave the shop. He refused, and I
sent for a policeman to remove him. Whilst this
noble intruder was remaining in my shop
not for the purpose of purchasing or inquiring after
goods, nor for any purpose connected with my duties
as the keeper of a post. office, but in defiance of my
order to quit it, a policeman passed; the intruder
went out to him, returns with him, and recommences
the altercation. I, then, after requesting him to
withdraw (but, as he maintains, without any such
request,) came from behind my counter and pushed
him into the street, with that degree of force which I
judged necessary to overcome the resistance I had
reason to anticipate from a man more powerful than
myself, but without any wanton act, and also
without the least injury, in fact, to the person
or dress of this personage. He brought an
action against me in the 'Westminster County
Court. I felt too strong in the justice of my cause to
seek the aid of a lawyer, or to invoke the interposi-
tion of a jury; and the result was that the judge of
that court gave a verdict against me, with 201.
damages, besides costs. I was advised that the ver-
dict was wrong in point of law, I felt that it was so
in point of justice ; and I applied by counsel for a
new trial. The application was refused, with costs,
upon three grounds:-Ist, that I used " gross vio-
lence;" 2d, that as a tradesman I cannot revoke the
permission, or, as the lawyers call it, " licence," which
by keeping a shop he gives to each one of the public
to enter it, I had no right to turn this noble in-
truder, or any one else, out of my shop : 3d, that
as a keeper of a post-office I had no right to clear the
post-office. As to the first ground, I am advised that
a man is not entitled to recover damages even for
"gross violence" if he has provoked violence, unless
he can prove material injury to his person or pro-
perty, or acts of vindictiveness. As to the second, I
I am told that the permission to enter and remain in
his shop, which a tradesman gives to the public, is
limited to the purpose for which the shop is kept, and
like any other licence, may be revoked at pleasure,
without reason assigned. As to the third, lam in-
formt d that the keeper of a post-office is not deprived
of his right of owner against persons who enter or are
in his shop for purposes not relating to the post-office.
If the judge of the Westminster County Court is
right in his law, there is no outrage short of personal
vi( lence which a shopkeeper—especially if he keeps a
post-office—must not endure in his shop without re-
dress ; for if he may not himself turn out those who
insult him, so neither may a policeman, and clearly no
action can lie, as the injury would be of a moral, and
not a material character.

Take the case of a shop in which a young girl is
compelled to serve, are the importunities of an avowed
seducer to be endured by her and her parents or
friends without resistance ? Yet there is no right of
resistance, says the judge of the Westminster County
Court, and as, if there is no right of resistance, no
evidence of the cause of resistance could be admttted
at a trial, the person contemplating seduction might
bring his action if turned out, and punish the pro-
tector of innocence, perhaps by a fine of 201. I will
not trouble you with further illustration. If
now the judge of the Westminster County Court is
wro rig in his law,what redress, Sir, have I ? What
redress has any tradesman in Westminster who before
that judge justifies an assault committed in defence
of his possession ? If such redress there is none, it
is only throuty9u, Sir, it can be obtained.
I am, you, most obedient servant% „
A. CDA,RK.•
32, Jermyn-street, St. James's, Sept. 30,.R347.

RAILWAY INTELLIGENCE.
EAST OF FIFE.

The adjourned meeting of this company was held
on Thursday at Edinburgh, for the purpose of receiving
the scrutineers' report on the state of the votes taken
the day before at the half-yearly meeting, ou the
motion for adopting the report of the directors, Mr.
C. Halkett in the chair.

It appeared from the report of one of the scru-
tineers, that a difference of opinion arose between
them respecting the validity of three proxies, repre-
senting 43 votes. The result of the scrutiny, how-
ever, confirmed the state of the poll then given,
namely, 205 votes in favour of adopting the directors'
report, and 104 votes for the amendment.
The CHAIRMAN accordingly declared that the
motion had been carried by a majority of 101 votes.
Thanks were voted to the chairman, and the
meeting separated.

[ PRICE SD.

STATE OF TRADE.

MANCHESTER, SEPT. 30.—The gloomy and unfa-
vourable condition of business matters, as indicated io
our last circular, become comparatively unimportant
when viewed in reference to the actual position (A
affairs during this month—a period which, for its
intense severity, will be long remembered. We ma
endeavour, but it is utterly impossible, to make par-
ties at a distance intelligibly acquainted with the in-
fluence which arising from a series of disastrous
tidings has had upon this locality. Failures, we be-
lieve, exceeding five millions sterling, and many of
them bearing either directly or indirectly upon the
cotton trade, could not be expected to happen without
engendering general and wide-spread distrust, nor
without aggravating very materially the state of the
money market, and consequently rendering discount
facilities snore difficult of attainment. But for a
perceptible improvement in our home trade, and the
existence of a very good demand consequent upon
that improvement, during the last three weeks, we
should have had to report something approaching very
near to a suspension of operations in cloth. As it is,
the business done is of a limited extent. Stocks of
both cloth and yarns are generally heavier than they
were a month ago, though to no material extent.
Prices of both must, in many cases, be considered
perfectly nominal, and determinable only by the
situation of the producer, and the character and extent
of the operation submitted to him. Though cotton
has declined about lid. per pound, from the highest
point, the position of spinners and manufacturers is
not essentially improved by it : yarns and goods hav-
ing also given way, with a certainty of a further
downward tendency. The accounts by the overland
mail, though far from favourable, are considered to be
as good as might have been expected. We believe that
we were amongst the first to predict that bad conse-
quences would result from the immense and indis-
criminate shipments which were being made to India
and China. No regard appears to have been paid to
the legitimate wants of these important markets ; on
the contrary, supplies have been sent forward as if
the consumption were boundless, and the sources of
payment in return inexhaustibly valuable. The last
intelligence is painfully confirmatory of our views.
We may notice in conclusion, that the last American
steamer, which arrived in Liverpool yesterday, has
brought a fair amount of orders, and with them the
agreeable intelligence that the matters in dispute
between the United States and Mexico may now
reasonably be expected to be soon adjusted. Such,
we hope, will be the case; if so, a valuable market
will again be open to us.—From Messrs. JPlVair,
Greenhow, and Irving's Circular.
FOREIGN WOOL TRADE.—LEEDS, OCT. I.—There
is a continued depression in the foreign wool trade,
mid as the business done is so extremely limited, prices
are merely nominal.
ENGLISH WOOL MARKET.—LEEDS, OCT. I.—The
demand for wool is limited to the immediate wants of
the manufacturers, who hold light stocks of it. In
prices there is no alteration.

LEEDS.—There has been a much better feeling as
regards business this week than for many weeks past,
at both our cloth halls. There was more business
(lone both on Saturday and Tuesday than recently,
and the sales have been in goods of finer qualities for
the home market ; but there was not so much done
in low priced goods for export. Prices are without
any alteration, and from the great caution exercised
by the manufacturers, the stocks are lower than usual.
There has been some little improvement in business
in the warehouses, but principally with the country
drapers.
BRADFORD, THURSDAY.—There is no improvement
in the wool market either in demand or prices. The
stocks in the hands of the staplers are small, and they
are not anxious to replace them at present prices asked
by the producers. Noils and broker being scarce,
fetch higher prices. The spinners are in general
working to order, but the prices are quite unremu-
nerating, and the spinners are curtailing their pro-
ductions as as.iis4s:ble. There was less doing
in the piece eck4rfaxtoods conglingi.
in fair request, ut fhe pcs mar - s oriihe whole&
very languid. This is impart attri utable to the
failurAgVveral houses, not In Bradford or the neigh-
bourhoodrlout connected with.the Bradford trade.
LtICESTER.—There is a better dericid for useful,
goods for the home trade, and the LOnilpn and Man-
chester houses are doing a good business. Yarns still
remain flat, and the spinners are curtailing their pro-
duction as much as possible. Wools continue firm,
and in good request.—Leicester Journal.