The Sun.
London, England, 1847-12-03 00:00:00

LAW INTELLIGENCE.
COURT OF E.XCHEQUEIt. Dec.?
(Sittings in Banco after Term.)
CASE V. 3tiaLLER.

This was a declaration on promise, chargit6, the de-
fendant, who is the lessee of the plaintiff, with breach of
a contract, in which the defendant undertook within a
month to build and complete a coach-house and stable
for the plaintiff. The defendant excused himself by way
of plea, which was now demurred to, that he was unable
to complete the contract in consequence of a severe
frost, which stopped the progress of the building.
bin ATHERTON, in support of the demurrer, said
that inasmuch as the defendant had entered into an
express contract, he could not plead the act of God for
non-performance of his contract, because in so under-
taking he must be supposed to have taken the act of
God into consideration.
The COURT said there could be no doubt that the
plea was a bad one, and judgment should, therefore, be
entered for the plaintiff.
Mr. WARREN, for the defendant, said that his client
had wished him to come there, but that he felt that it
would be absurd to argue the point.

POLICE INTELLIGENCE.
MANSION-HOUSE.
William Smith, servant to the Rev. Richard Ridley,
of Darrington, near Pomfret, Yorkshire, was brought
before the Lord Mayor upon the charge of having
robbed his master of a quantity of plate.
The shopman of Mr. Barker, pawnbroker of Hounds-
ditch, stated that some days ago the prisoner, who was
unknown to the house, called and asked what they
would give Rer ounce for silver. Witness replied that
the price would be according to the quality, and next
morning the prisoner called with some spoons and a
sugar lifter, and was detained upon suspicion of having
stolen them. The prisoner was in the dress of a gen-
tler nan's servant.
The Rev. Mr. Ridley said he had hired the prisoner
with whom he had received an excellent character, about
the 9th or 10th of November, five days after which the
man complained of illness, and was told the sooner he
went away the better. He went off on the 15th of No-
vember, and before he was gone a number of silver forks,
spoons, and other articles of plate were missed. The
property produced as having been pledged at Mr. Bar-
ker's house was part of that which had been missed.
On the 11th of November, about five o'clock in the
morning, the prisoner raised an alarm that the house
had been entered by thieves, and it was found that the
plunder of the plate had taken place. The particulars
were placarded, and the apprehension of the prisoner
soon followed the announcement.
The prisoner said he had been pressed by a young
man with whom he was acquainted to rob his master.
For some time he resisted the temptation, but at last it
became too strong for him. His accomplice had assisted
him, raid was to have met him at Brentford, but after-
wards left him in the hobble to get out of it as well as
he tould.
The prosecutor said he believed the prisoner had com-
mitted the offence on the spur of the moment, and that
he lead been induced by some evil adviser.
The prisoner was at once sent to Pomfret for trial for
the burglary.
MARLBOROUGH-STREET.

Carl Esmann and Abraham Poncy were brought up
for re-examination on various charges of swindling.
To prove the false pretence—namely, that Esmann
had never held any appointment in the British Museum
—Mr Panizzi, one of the librarians, was called.
Mr. Panizzi stated that the two prisoners were total
strangers to him. The prisoner Esmann was never ap-
pointed to any situation in the British Museum, nor was
there a situation as foreign librarian vacant.
Mr. Ballantine (in addition to Mr. Lewis) appeared
for the prisoner Poncy.
Mr. Ballantine applied to have the evidence at the
previous examination read over.
This having been done,
Mr. Ballantine said, before going on with the next
case, he proposed to sift the first case a little, as he
should be able to prove that Poncy had been deceived by
the representations of Esmann.
Mr. Smith examined—Had been acquainted with
Esmann since July last. First saw Poccy a few days
after this. Could not recollect whether Esmann had
told him that he had a situation as librarian in the
British Museum before he became acquainted with
Poncy. Would not swear that he had not told some
persons before he became acquainted with Poncy, that
Esrriann held a situation in the British Museum. Had
lent Esmann money; there had been one bill trans-
action for 351. with Esmann. That bill witness
had drawn on Esmann, but it was dishonoured.
There had else been a bill transaction fur 101.,
l‘thich witness had accepted, but had not got
'paid. Had never denied his signature to this bill.
Had hoard that bills were afloat bearing his signature,
and had said that these bills were not accepted by him.
At first witness thought that the signature to the 10/.
bill was not in his handwriting, and had stated as much.
Had obtained a horse from aMr. Davis. Therewas no charge
made against witness on account of this horse, but there
was a demand made by Mr. Davis on account of the horse.
Esmann had no part in this affair, The horse, and the
chaise to which it was harnessed, were detained by Mr.
Davis. The chaise belonged to Esmann, and witness
allowed the horse in question to be put to it. It was
about two months ago that this transaction took place.
Had told a person named Carr that Esmann held a situ-
ation in the British Museum. Could not swear that he
had told this to Carr in the presence of Esmann. Be-
lieved that Carr and Esmann met for the first time at
witness's house.
Mr. Smith said Esmann had been introduced to him
by Mr. Mailers, a broker, in Drury lane, who said
Esmann was a perfect gentleman. lie should not have
introduced Mr. Carr to Mr. Esmann at his house, unless
he had believed in the perfect respectability of Esmann.
The next case was then gone into.
Mr. Carr, furniture dealer, Nos. 14 and 15, Aston-
place, Holloway, examined—Towards the latter end of
July Smith introduced Esmann to him as a respectable
man, having the command of plenty of money. Some
time after this Esmann applied to him fur goods to fur-
nish apartments with. Esmann said he had an appoint-
ment in the British Museum ; he had a suite of apart-
ments there, and the furniture must be of a good de-
scription. Esmann selected goods to the amount of 10/.,
but witness was reluctant to send the goods. The pri-
soner, however, called, and took part away in a cab,
and witness delivered himself a looking-glass for Esmann
at No. 47, Russell-street, the house kept by Poncy.
Witness agreed to take a bill for the goods. This bill
had not been paid. Before witness left the house he
saw Poncy, and put some questions to him in relation
to the order for furniture given by Esmann. Poncy
said he knew nothing at all about Esmann's furniture
transactions. Poncy incidentally told witness that
I.:mann had got an appointment at the British Museum,
and was to enter on his duties in January next. Poncy
also said Esmann was going to live in the building.
This " did" for witness, his suspicions vanished, and he
sent in all the goods ordered by Esmann.
Cross-examined by Mr. Ballantine—Mr. Smith had
previously told him that Esmann said he held a situation
in the British Museum. Smith introduced Esmann to
witness as a highly respectable man, having an account
at Smith, Payne, and Co.'s.
Police-constable Johncock, C division, produced an
inventory found in Poncy's possession.
Mr. Horsley said that inventory related to Carr's fur-
niture, and would prove an arrangement between Poncy
and Esmann as to the disposal of the goods.
The constable also produced a number of letters, di-
rected to Esmann, found in Poncy's possession. The
goods obtained from Mr. Carr were still in Great Rue.
sell-street, at Poncy's house.
Mr. BINGHAM said, he could not discharge Poncy on
his own declaration that he had been taken in by Es-
mann. If the Learned Counsel could show that Poncy
had been deceived, then such a circumstance would ope-
rate on the decision he should come to.
Mr. Ballantine proceeded to argue that Esmann by
his plausible appearance and representations succeeded
inimposing on Mr. Poncy, who was a respectable
tradesman, carrying on business in Great Russell- street
for many years. Now, with respect to the transaction
between Esmann and Smith, that would have to be in-
vestigated elsewhere, and he should not enter upon that
matter now. As to the case of Carr, it was clear, from
the ev:.dence, that the goods obtained by Eirnanu were
obtained entirely through Smith's representations of
Esmitnn's respectability. He could, if necessary, show
that Esmann owed Poncy a considerable sum of money,
and, that Poncy had seized the furniture in Esmaen's
Po session for arrears of rent.

The son of Poncy was examined as to the length of
tbrte his father had been in this country. The family
had been many years in this country.
Mr. BINGHA'I said his opinion was that the testimony
Riven by Carr had materially altered the aspect of the
case against Poncy. It appeared that Poncy had re-
Reatedly denied to Carr that he knew anything about
the purchase of the furniture, and it also appeared that
the statement about &mann holding a situation in the
British Museum only came out accidentally on the par-
ties getting a
od sightl of the repairs going on at the
Museum, He
sureties to appear now only require Poncy to find
as
rnaiw,iiltness at the Central Criminal
Court. The judge t then,. if he saw fit, order
Poncy to be put in the'oprodsaailon of a prisoner, but at I
present he should only r iim to find bail to ensure
his attendance at the court.
Mr. BINGHAM said he had received a letter in German
from the prisoner Esrnann.
to lothsatated that it was a
The letter was translate&
from charge the the writer (Es..
" good comedy" for Smith
all
ln Smith was
mann) with obtaining money
in ano-
in his debt. He should, however, provew
, and
then court. The writer did not understand Pn'igs.li!h
he hoped the magistrate would order the depositions to
be translated into Grman.
..

M
with
this
Mr, BINGHA said he could not comply
request. He would assist the prisoner understand the
charge, and to prepare his defence, by now explaining
th 4 > nature of the charge to him.
Mr. Ballantine said there were many watches pledged
by Esmann belonging to Policy in the hands of pawn-

big )kern.
Mr. BINGI-Lot could not enter into that portion of
tit 3 case.
The prisoner Esmann was then ordered to bo com•
Dail ted on the above eases, and on the previous charge ci
ate, :ling a watch.

ztl peasant, in cultivating the ground at Bouxieres-
aux. Chdees, in the dq.irtment of the Meurthe, lately
Sorxtz 4 seal of the Emperor Henry 111., called " the
1140 lc." It is in massive silver, clumsily made, weighs
about twenty-five grammes (nearly an ounce), and has
3. IT. S., signifying " seal of Henry III." inscribed on
it. Z 'he Emperor was son of Conrad IL, and cousin
of Br anon, Bishop of Tonl, whom he caused to be
elect l Pope at the Diet of Worms, and who afterwards
beearo, 3 Saint Leon IX. Henry 111. was born in 1017,
suceeec lad his father in 1039, died in 1056, and was buried
at Spir,

FLANDERS AND DUTCH MAIL.
BRUSSELS, Nov. 30.—The Chau:leer of Representa-
tives was again occupied to-day in discussing budgets
of Foreign Affairs and of the Marine. Is the general
discussion Messrs. Osy and Delahaye vehemently in-
sisted that reductions and the utmost economy should
be exercised, and for that purpose introduced as soon as
possible into the departments of personal diplomacy
and of the Military Marine. M. Delahaye de-
clared that unless these reductions were proposed by
the Government in the budget next year, he should be
forced to vote against this budget. M. Castian went
further and declared that from this year his vote should
be neutral. M. D'lloffschmidt endeavoured to show that
the salaries enjoyed by diplomatic persons were not too
high, but he promised at the same time that he would
not consent to any augmentation, which is being solicited
by several of the agents.
THE EMPEROR or RUSSIA.—On the Ist of December
the Emperor of Russia completed the twenty-second
year of his reign ; in three years, therefore, he will
have arrived at an epoch, which has not been attained
by any of the Czars before him. A fundamental law
exists in Russia which dates before the time of Peter
the Great, and by which the Emperor of Russia cannot
reign more than twenty-five years. After this period he
is obliged to abdicate in favour of the heir presumptive
of the Imperial Crown ; or, if ho wants to maintain
himself on the throne he does so at the risk of braving
all the aristocracy of Russia, and of being stabbed or
strangled in his own palace. Such at least were the
customs of the Czars, for a long period has elapsed
since any attained the 25th year of his reign. The reso-
lution which the Emperor will take for this important
period has been deeply engaging parties at St.
Petersburgh. Many suppose that he will abdicate
in favour of the Prince Royal Alexander Nicoleviwtsch,
who is now twenty-nine years of age, and that he will
retire into Germany, but the more general opinion is
that he will convoke the Senate, for the purpose of hav-
ing this barborous law revoked, and thus be enabled to
continue his reign without fear of the Nobles. The Em-
peror himself avoids all allusion to the subject.
COMMERCIAL STATISTICS OP RUSSIA.—The St. Pe-
tersburgh Journal of Manufactures publishes the follow-
ing details relative to the commercial statistics of St.
Petersburgh for the year 1846. At the close of this
year there were in Russia 860 merchants of the first
class, 2,283 of the second class, 37,651 of the third
class, 34 foreign commercial houses, 7,147 peasants en-
gaged in commerce. The capital employed in com-
merce amounted to 11,603,400 silver roubles (660,303,800
francs); in 1846, 82 ships were built of from 16
to 150 lasts, and 56 foreign vessels were bought.
During this year 44 Russian ships were wrecked. The
four insurance companies of Odessa had insured to the
amount of 3,354,852 s. r., of which 75,634 s. r. were re-
claimed for accidents. The number of Russian ships
which left the ports of Russia during the year w, re
1,012 with cargo, and 33 with ballast. The number of
ships which entered the pert was 683 with cargo, and
314 with ballast. 203 foreign vessels were admittted
by patent under the Russian flag.
EARLY APPROACH OF WlNTER.—Letters from the
East Sea Provinces of Russia say we have had com-
plete winter for the last four weeks, during the
latter half of October; snow has every where fallen, al-
though it has between while melted away. In the year
1829 winter set in at about the same season. Already,
on the 13th of November, it was necessary to remove
the floating bridge at Riga, so that the town is severed
into two parts.
CAIRO, Nov. 8.--Mehemet Ali arrived here a few
days ago, and will probably not break up for Upper
Egypt for some time. The inexhaustible nature of this
veteran, who still moves about with astonishing celerity,
seems to promise a long life. The Viceroy has for
years been so regular in his course of life, that it is
really a matter of surprise that one word • from the phy-
sicians will induce him to exchange the gardens of
Shoubra for the citadelle.
The Government is doing all in its power to abate as
little as possible of the long-standing monopoly of trade;
hence the constant squabbles with all the Consulates.
The Minister of Commerce is, as is well known, an
American, and therefore by birth and from principle a
secret, and, if circumstances call for it, an avowed enemy
of all European representatives; the only one who has yet
arrive 1 here is M. Barrot from France. From Abyssinia
we learn from a well. informed European, who has been
long resident there:—" We are now at war. Übije, the
governor of Tigrai, has again taken the field against
Ras Ali, the nominal Emperor of Gondar, or rather has
challenged him; for Übije is in Sernen, and Ras
Ali as arrived in Wagnera from Sernen, where
both parties were gazing at each other for the
last six months with immense forces, without offering
battle. Each seems afraid of the other, for the battle
will certainly be decided by the life or death of one or the
other of these chiefs. It is, however, by no means im-
probable that after the six months' inactivity, hunger and
fatigue may bring about patce—for such is Abyssinia."
DUTCH FUNDS.—AXSTERDAH, NOT. 29.
Money. Bills
Actual Debt, 2h per Cent........... 84 5414
Ditto, 3 per Cent .......... • . 65Y, 66
Ditto, 4 per Cent. ............ 84i 84N
Amort Syndic, 3% per Cent...... 84
Commercial Company, 434 par Cent .. 15214 163
East India Loan, 4 per Cent..........
Exchange on London, at sight . .... 12 15
Two months... .. 12
On Ilanabtirgh, at sight .. • • 35 37
Two months.— ...... • ..... 34 75
On Paris . • .............. Sts SO
Tw0mneat1a5............... :Sti,
BELGIAN ruNDs.—BaussEts, Nev. 30.
Actual Debt, 2% per Cent .......... ....
Rothschild's Loan. Five per Cent
Loan of Thirty Millions, Four percent—.
Ditto Three per Cent ....
Ditto Thirty-seven Millions, ditto ......
Ditt0,ditte,1840.......... •• • •
Ditt0,d1tt0,1842...... ...... ..........
Ditto, 1844... • . 92
Ditto, 1838 ..................... 67%
Ditto of the City, 1832
Ditto, 1843 ............... ..... 93
Bank of Belgium...—. 82
—Brussels Papers, Nov. 30.

We are most happy in being able to state, that
Government has recognized the claims of the families
of those humane and brave officers who perished in this
town from fever while in the discharge of the duty of
relieving the sick and destitute. Early in the year Mr.
Rushton, with his usual active benevolence, made strong
representations to Sir George Grey, and his endeavours
did not want thesupport which Mr. Austin, the Poor•law
Assistant Commissioner, could officially give. The re-
sult has been, that Government has placed at the dis-
posal of the two rectors and Mr. Rushton (with whom
Mr. Austin forms a committee), a sum equal to one
year's salary for each of the officers and surgeons who
died in the discharge of a sacred duty.—Liverpool
Journal.

A RE-MARRIAGE.—"We are about," says a Frai,k-
fort letter of the 27th, " to witness a marriage of a very
singular description. Mdlle. de Reic•henbach, daughter
of the late Grand Duke of Hesse-Cassel by a morga-
natic marriage, was divorePd from I.ler first husband,
Count de Luktner. She then marrif :d M. Wolzdorff, a
Councillor of State, who died two years ago. She is
now about to re-marry her first h. usband, the political
differences which led to their divorce :no longer existing.
THE MONSTER MoTioN.—Mr. Chisholm Anstey
has made the nearest approach to th e discovery of per-
petual motion that has ever yet beer t arrived at. It oc-
cupies four pages of the Votes of the House of Com-
mons; extends through the whole history of England;
comprises the whole of the known', and three parts of
the. unknown world ; and refers -to every communica-
tion, " either secret or ostensible," that has ever passed
between any persons upon any s abject whatever. To
comply with this motion we sh ould require another
Raleigh, to write another History of the World; another
Cocker, to invent another system of arithmetic capable
of making the calculations and yet urns that Mr. Chis-
holm Anstey demands; and it viol ld be necessary to
examine all the chiefs of all the tr ibes with which this
coun try has ever communicAted, by treaty or otherwise.
—Punch.

BRITISH AssocrATloN.—Tha corporation of Swan-
sea, where the British Associatio n are to assemble next
year, have most liberally voted five: hundred pounds to-
wards their accommodation and: entertainment. It is
expected that this sum will be d ov .bled by private dona-
tions, so that the local fund will: .be more than ample
to provide all the essential rev irements, so ably ar-
ranged annually under the experie need guidance of the
assistant-general secretary. But the spirit evinced by ,
such a fund, conbined with well--; known Welsh hospi-
tality, and with the attractions of 8 wansea and its neigh-
, bourhood, afford good promise fol .. the meeting of 1848.
RATES or POSTAGE.—By a Treasury warrant,
published in the Gazette of Tues Jay, it is ordered, that
from and after the Ist of Jam se .ry next British news-
papers,
and such British publi et .tions as are allowed to '
pass by the post as newspapers 'din the United Kingdom,
may, if posted in the United K 3 random addressed to Lu-
bck, be sent from the United Kingdom to Lubeck di-
rect, or via Hamburgh, by pact :et or private ship, free of
postage ; and newspapers and, Waer publications allowed
to pass by the post as news pa ,pers in Lubeck, pub-
lished and posted in Lubeck. rand addressed to the
United Kingdom, may be s(4nt . from Lubeck to the
United Kingdom direct, or iris t Hamburgh by packet
boat, free of postage, and by p' :ivate ship at the rate of
one halfpenny each. Newspi I,p era and other periodicals
allowed to pass by the post as newspapers in Lubeck,
published and posted in Lu beck, may be sent thence
to the British colonies and fxreign countries through
the United Kingdom ; a) id foreign and colonial
newspapers addressed to Li tb'eck may be sent from
foreign countries and the I :ri'' ish colonies to Lubeck,
through the United Kingdora- direct, or via Hamburgh
by packet or private ship at th ie rate of one halfpenny
each. Periodicals (not of ds ail y publication) are to pay
as follow :-2 oz. weight, 1d..; 3 oz., 6d.; 4 oz., Bd.; fur
every additional ounce up to 16 oz., 2d. more; above
exceptl 6 oz. ,
as such ethhepluebttleierartairesorarpee.
sn
toatgtoo. be sent by the pcst,
Exchange, Prices Current, C:o mmerciaPl .Lists,td
Ewahcilethmi ut s ti
sbsee
iit printed3uli 'l. *
pay Id. each, subject to the following condB'ictio,
w openhi ch
at it
the
is ,
ide s published;
~Coursesna conditions
e:
_Luc!.
-1111 the 1 anguage of the country in
Nblix bed in the country from
gent %vit bout cover, or in a band
afters,e e
xits e
plot- u
ttieiet ,ono word Ico be printed on the paper
name a
ao_rn c onand
mess:44ll feoubrotaihntdho,erndpoienrrasaronyny
to writing,w hti
sent.
SOCUITT OF ARTs,
of the Society of Arts was
was
nex;lis iron bridge f
munication of the evening ye caihsnaiterhat'lluef . Arll principal
pSateepohreni;
Sir J. P. Boileau, Bart., in the "igs Wtoedin,tsdaYievrilg:
exhibited the
Moulton, on a new and highly
railways, a model of which -
society. Its construction pros xe, -As on the
' ciple," of which it is an enti. re ly novel application, the
leading features being extreme strength, derived from' an
economized consumption of i .na,terials. As an example
it may be stated - th at a bridge on this con-
structionpowaet.New York, 70 f' set i ti span, was made from
lo3fis powers,
ttons
of iron ; and though on: ly 121bs. of iron were
ti,fisvoeolfbese.t long, it had
suus
se
tda i inne
dt hteh
emeondoerl
m, wo
uhsi civil
eiisg
ila bt °out

IMPERIAL PARLIAMENT.

Fi USE OF COMMONS, Dec. 2.

The SPEAN.R took the Chair shortly before Four
o'clock.

Several new Members took the oaths and their seats
LIGHTHOUSES.

The Report of the Commissioners of Lighthouses
for 1846 was brought up and laid on the table.

COMMERCIAL DEPRESSION.

Mr. J. CLAY presented a petition from the presi-
dent, vice-presidents, directors, and members of the
Chamber of Commerce of Hull, praying the House to
take into its immediate consideration the depression of
the country, and to institute an inquiry into the
monetary laws, in order that such remedies might
be devised as might seem expedient.
SOAP. 4.

Dr. BOWRING presented a petition from a Dr.
Normandey, as we understood, stating that he had
invented an important improvement in the manu-
facture of soap, of which he wished to give the public
the benefit, that he manufactured a quantity which
had been seized by the Excise as liable to duty. The
Hon. and Learned Member stated after the recess, if
a Committee on the Excise laws were appointed, that
he should move that this petition he referred to them.