The Sun.
London, England, 1847-01-18 00:00:00

COURT CIRCULAR.

WINDSOR, SUNDAY.—Yesterday her Majesty walked
in the Slopes in the forenoon, attended by the Mar-
chioness of Douro, Count Schimmelpenninck, the Nether-
lands Minister, the Saxon Minister, and the Baroness
de Beust. Viscount Palmerston, and Sir Hamilton and
Lady Seymour took their departure from the Castle
yesterday.
The Marquis of Douro arrived yesterday at the
Castle, and had the honour of joining the Royal circle at
dinner.

The band of the first Life Guards attended during
dinner at the Castle.

Her Royal Highness the Duchess of Kent had an
evening party yesterday at Frogmore House. The
Queen and Prince Albert were present, and also the fol-
lowing ladies and gentlemen of the Royal suite:—The
Lady in Waiting, the Marchioness of Douro, the two
Maids of Honour in Waiting, the Lord in Waiting, the
Earl of Ducie, the Groom in Waiting, Colonel Berkeley
Drummond, the Equery in Waiting, Lard Alfred Paget,
and the Eqnery in Waiting to Prince Albert, Colonel
Seymour. The Marquis of Aim, Major-General
Bowles, and Colonel the Hon. C. B. Phipps also at-
tended.

This morning her Majesty and her Royal Consort took
their usual early walk.
Their Royal Highnesses the Prince of Wales, and the
Princess Royal, took walking and pony exercise in the
grounds around the Castle. _ _

Her Majesty and his Royal Highness Prince Albert,
her Royal Highness the Duchess of Kent, the ladies and
gentlemen of the Court, the Lady in Waiting to the
Duchess of Kent, and the domestic household, attended
Divine Service this morning in the private chapel of the
Castle. The Hon. and Rev. C. Leslie Courtenay offi-
ciated.

The Queen will hold a Privy Council at three o'clock
this (Monday) afternoon, at Buckingham Palace.
A Cabinet Council was held at three o'clock on Satur-
day afternoon, at the Foreign-office. The Ministers
present were Lord Joha Russell, the Lord Chancellor,
the Marquis of Lansdowne, Sir George Grey, Viscount
Palmerston, Earl Grey, the Chancellor of the Exche-
quer, the Earl of Auckland, Sir John Hobhouse, Lord
Campbell, Viscount Morpeth, the Earl of Clarendon, the
Marquis of Clanricarde, the Right Hon. T. B. Macaulay,
and the Right Hon. H. Labouchere.
Viscount Palmerston arrived in town from Windsor
Castle previous to the meeting,
The Council sat two hours.

The Bishop of Tasmania had an interview with Earl
Grey on Saturday at the. Colonial-office. Sir George
Gipps had also an interview with the Noble Earl on Sa-
turday.
Mr. John Wood, Chairman of the Excise, had an
interview with the Chancellor of the Exchequer on
Saturday at his official residence in Downing-street.
Mr. Tufncll, M.P., Secretary of the Treasury, has left
town for Wrotham Park, Barnet, to attend the funeral
of the late Mr. Byng on Monday.
Dispatches were sent off on Saturday evening from the
Colonial-office for the Governors of the West India
Colonies.

The Duke of Wellington attended the early service in

the Chapel Royal, St. James's, yesterday. Prayers
were read by the Rev. Dr. Wesley, and the Sermon was
preached by the Rev. Sir J. Seymour at the daily Ser-
vice ; the Prayers were read by the Rev. Mr. Haden,
and the Lessons by the Rev. Dr. Wesley. The Sermon
was preached by the Rev. Sir J. Seymour. The anthem
was, " I will magnify thee," (Palestrina.) Mr. Male
presided at the organ. The Duke of Montrose, the
Marquises of Salisbury and Anglesey, Lady Leveson
Gower, the Bishops of Hereford and Ely, Lords Sand-
wich, Listowel, Prudhoe, Norreys de Manley, and W.
Graham, were among the Nobility present.

Lord Hatherton will move the,Addresslo the Throne
in the House of Lords, in answer to the Queen's Speech
at the opening of Parliament, which will be seconded, as
already stated, by Lord Carew.
SINGULAR ESCAPE FROM WRECR.-011 Monday
t eschooner,Catherine, of
o f ;aboutyr,
140
Captain
tonsbu
Robertr-
d fine
the w
unpe Coh the Cefn Sidan sands at the ahnen-
trance to Carmarthen Bar. She was laden with bar
iron, and was bound from Newport to Ayr, being on her
return from her first voyage. The seamakinga com-
tPsheoe'Dtntneitgi, hatnamed
struck ae
com-
plete breach over her, and the vessel being in imminent
peril, the captain and crew took to the boats, and got
Safely to the Ferry Side. On Tuesday they rowed out
into the bay to see what had become of their vessel, and
great was their astonishment, as the Irishman said, " to
see that she was nowhere to been seen." After look-
inghteetdar
taken
offeelnf ispnaof
set
slheyes
tgnoh
ott
the
ae
by
yLd withathneg hLairhanne
ers
river,espa
hi l
asnu
fip,s
wherehne ar
about for some time, it was discovered that the vessel
msbv dege Da under
floated
the command of Captain Daniel, who caused
her anchor to be let down, and thus secured her from
being dashed to pieces against the rocks. Great credit
is due to Captain Daniel for his promptitude in taking
care of the vessel, and preventing her from being plun-
dered by wreckers. The Catherine is a beautiful vessel,
and it is
i supposed that she got into this perilous predi-
cament n consequence of the captain mistaking the
Worm's Head for the Bishop's, as the vessel was pro-
ceeding up the North Channel towards Scotland.—
Cambria h.

THE MUNIMY lIoG.-At the police-court, on Wed-
nesday, a diminutive Irishman, named Francis, minus
an eye, was charged with gaining admission to the
different colleges with a forged order purporting to be
signed by the Vice-Chancellor, granting him permission
to show to the students a mummy hog which he had
"embalmed." The fact was that Francis displayed his
novelty to some collegians at a private house, who were
so well pleased with it, that they gave him the note,
which, of course, was a hoax. He asked a man to read
the note to him when he came out of the house, who ex-
claimed that his fortune was made, and told him the
great privilege granted to him. The forgery was, how-
ever, soon detected, and Francis was given in custody.
When the charge was stated to him, the Vice-Chancellor
being present, tho unhappy man dropped on his knees,
and bursting into tears, exclaimed, " Pm innocent, your
honours—as innocent as my poor mummy hog in this
here box, and which can be seen for the small charge of
twopence, for ladies and gents.; and poor people for one
penny ! This mummy hog, gents., has a double
body, eight feet, and two heads ; it has been
scientifically embalmed, and is one of the greatest
wonders of the animal creation. Were it not

for my mummy, I should certainly
Gents., I have been very unfortunate. I was a
keeper of wild beasts ; I came to this town with my
menagerie ; but they have all died since I've been here.
My poor tigers, that bounded so cleverly through the
hoop, died of hooping cough • my Polar bears, that
climbed the pole, caught violenfetn agues, and followed
a
ollowed
the tigers ; my wolves grew dainty,
my noble lions roared with pain, and. and wouldn't
we knewwou not their
complaint complaint ; my monkeys, that dressed so primly in
scarlet jackets, died of scarlet fever ; my elephant, my
panthers, all have gone • my boa constrictor was suffo-
cated swallowing a rabbit ; my birds, too, all died, and
left
me scarcely a feather to fly with. I have only my
mummy hog now ! Would you like to see it, gents.?
I astonishes all who behold it. I won't Icharge you
anything." Mr. Skrine said—No ; we don't want to see
your mummy hog. You may go ; you have evidently
been imposed upon. The Vice-Chancellor said that
those who had played the hoax upon the poor man de-
served punishment for having brought him into trouble
so unnecessarily. The man jumped from off his knees,
shouldered his mummy, rushed down stairs, and then
began, ,‘ Hoy, hoy, boy—only a penny ! the real mummy
hog !" and customers eagerly thronged around him.—
Cambridge Independent Press.
ALARMING FIRE.—On Saturday night, shortly
before seven o'clock, a fire that caused considerable
alarm, broke out upon the premises belonging to Messrs.
Moses Brothers, situate in Goodman's-yard, Minories.
The flames commenced in one of the upper floors, but
from what cause could not be ascertained. The engines
of the parish, London brigade, and West of England
'promptly attended, and there being plenty of water at
hand, a powerful stream was scattered over the flames,
which had the effect of extinguishing them, but not until
several hundred pounds worth of property was either
destroyed or damaged by fire. The apprentice, who was
the lat person on the premises, stated that when he
left, as short time before the outbreak, everything ap-
peared safe.
ATEIENXTJM AT SLIEFFIELD.—On Tuesday evening
last a large and important meeting was held at the
Cutlers' Hall, Sheffield, for the establishment of an
Athenaeum in connection with the Mechanics' Institute.
The meeting was presided over by the Mayor, and the
principal speakers were John Parker, Esq., M.P.; IL G.
Ward, Esq., M.P.; S. bailey, Esq.; and Mr. Irongde.

LAW INTELLIGENCE.
ROLLS' COURT, Jan. 16.
FISHER V. OLIVER.
The arguments in this case having been conluded
to -day,
His LORDSHIP said he had not the least hesitation in
stating that he could not interfere in this matter unless
the plaintiff undertook to establish the validity of his
patent at law. That undertaking being made, he should
read the affidavits, and consider the propriety of grant-
ing an injunction to restrain the defendants from acting
so as to infringe the patent until the issue at law should
have been tried.

VICE-CHANCERY COURT, Jan. 16.
BALDWIN V. DAMES.

Thiewas a motion for an injunction to restrain the
defendants, who were twenty-two of the members form..
ing the provisional committee of a project, called the
Great Munster Railway, from receiving out of Court a
sum of 21,600/. ; or, if they should already have received
it, then to restrain them from employing it in paying off
the liabilities of the company. The undertaking, which
has now been abandoned, was for the formation of a
railway from Tralee to Dublin. The advertisements
stated that the capital was to be divided into 22,000
shares, of 501. each, and that a deposit of 2/. 10s. was to
be paid upon each share. It appeared that the directors
had reserved to themselves 4,000 shares, that they had
also reserved 4,000 shares for general purposes, and 900
for the solicitor to the company, 650 for the engineer,
and 300 for the secretary. They then contrived, by
selling 3,000 shares, and purchasing them again at a
premium, to raise the quotation in the market. The
bill charged the directors with gross misconduct,
and with having improperly managed the affairs of
the company. The defendants, in their affidavits, stated
that they had not any knowledge of these transactions,
but had offered every opportunity to the shareholders to
investigate the accounts, and it was contended that an in-
junction ought not to be granted to restrain them from
paying off the just debts and liabilities of the company.
The VICE-CHANCELLOR said, if the injunction had
been asked to restrain the defendants from improperly
dealing with the funds of the company, there might have
been some reason in it; but this was to restrain them
from applying the money in any manner whatever. It
was very possible that some of the directors had acted
wrong in the management of the affairs, but the funds
could not be disposed of without the sanction of all the
directors, amongst whom were some gentlemen of the
highest respectability. He did not think it right that's°
sweeping an injunction should be granted, which would
include the innocent as well as the guilty, and it was evi-
dent that there were liabilities which ought to be dis-
charged; he should, therefore, refuse the injunction.

BAIL COURT, Jan. 16.

LIABILITY OF PROVISIONAL COMMITTEEMEN..--PARROTT

V. FREKE.
This was an action to recover the sum of 1,500/. due
by the defendant to the plaintiff for certain newspaper
advertisements inserted, and for work and labour done.

Mr. Keene appeared for the defence, and Messrs.
Humphries and Wordsworth for the plaintiff.
Mr. HUMPHRIES stated that the plaintiff in this case
was a newspaper agent, and the defendant, the Hon.
Percy E. Freke, was a gentleman of fortune, and the son
of Lord Carberry. The question of his liability did not
rest upon the mere fact of his name appearing on the
provisional committee of any railway, but on other facts
which he should prove, and which would leave no doubt
on the minds of the jury that their verdict ought to give
the plaintiff his claim. _ _ _

Tile Learned Counsel then called
The Secretary of the London, Birmingham, and
Buckingham Railway Company, who stated that the
first meeting of the promoters of the company took
place in September, 1845. The defendant was present,
and was, with others, made a member of the provisional
committee. At a subsequent meeting, on the 10th of
October, the defendant was present. On the 3d of
October, a resolution that the company should be adver-
tised, was passed and acted on. The defendant was not
present. Papers, containing these advertisements, were
laid on the table on all occasions. The defendant was

often present. On the 24th of September the solicitors
to the company were empowered to solicit the co-opera-
tion of gentlemen, and to publish their names, " should
it be deemed necessary." The defendant was summoned

to attend at all the meetings of the company; at least,
witness put a letter, containing a summons, into the
post-office for him before each meeting. On the 3d of
October the name of the company was altered, and
several names were added to the provisional committee.
By Mr. Justice ERLE—The name of the company was
changed from and after the 3d of October.

Mr. KEENE objected to any evidence being given of
facts which took place while the defendant was absent.
Mr. Justice ERLE said that there was evidence that,
though the defendant was not present when certain re-
solutions were made, he was present when they were
acted upon, and thus identified himself with them by
confirming acts done in his absence. This fact was,
therefore, admissible as evidence of his consenting that
the company should be extensively advertised.
A resolution of the 3d of October, authorising the
solicitors to publish the prospectus of the company, was
then read.

Examination continued —By the instructions of
Messrs. Forbes and Drake he took some prospectuses to
Mr. Parrott. Witness directed him to advertise in the
Times, Herald, Morning Chronicle, and The Sun, besides
several of the local papers. Mr. Parrott sent in an ac-
count in the month of February. It was laid on the
table for further consideration, but no objection was made
as to its incorrectness.

Mr. Pritchard, of the Joint-Stock ' Company Regis-
tration Office, produced the registration of the London,
Birmingham, and Buckinghamshire Railway Company.
Mr. Freke's name is there. The company was first
registered on the 23d of September, and afterwards on
the 29th of October. Has Mr. Freke's written consent
to be on the committee.

The secretary identified the handwriting as that of
Mr. Freke.

Mr. PRITCHARD said that the first prospectus ever re-
gistered contained the name of Colonel Fr( ke.
Mr. KEENE objected to any evidence of proceedings
prior to the 29th of October being given. As it was
only on that day Colonel Freke gave his written con-
sent, he could not be made liable for anything before
that period. _ _

The Secretary of the company was then recalled and
cross-examined by Mr. KEENE—OnIy knows Mr. Par-
rott as the advertising agent. Shares in the company
were allotted, but cannot say whether Mr. Parrott had,
or applied for any. First saw Mr. Freke on the
24th of September. He was introduced by Mr. Drake,
and afterwards gave his name to witness. Has not any
of the original prospectuses taken to the advertising
agents.

-Mr. Wm. Grogan, clerk to the plaintiff, stated that his
employer resided in Alderman's-walk. The advertise
meats mentioned in the account produced were inserted
from time to time. The advertisements are inserted in
the newspapers produced.
Mr. KEENE objected to them unless the original ad-
vertisements sent to the newspaper-offices were produced.
Examination continued—The charges made are quite
reasonable. The amount of the bill is 1,5581. 17s. 2d.

The Secretary was here recalled by Mr. KEENE —He
stated that there was a managing committee appointed
on the sth of November. Colonel Freke was not a
member of it. It was appointed by the provisional
committee.
Mr. HUMPHRIES stated, that in order to obviate the
objection to the managing committee, he would ask for
nothing which was inserted after the sth of November.
All the charges after that date should be struck out.
Mr. Thomas proved the payment by Mr. Parrott of
various large sums for the insertion of advertisements.
All the advertisements charged were paid for by Mr.
Parrott. _ _ _

This was the plaintiff's case.
Mr. KEENE submitted that there was no proof of any
one fact to render Colonel.,Freke liable. Besides, there
had been no proof given that the prospectus had ever
been advertised. He wished that the original prospectus
sent to the newspaper-offices should be produced; that
the fact of its being printed should be proved, and the
authorised copies of the newspapers from Somerset
House. Every piece of paper covered with print could
not be proved to be the Times for a legal purpose. He re-
quired that the paper produced should be legally proved
to be a newspaper. He also wished that the advertisement
should be proved to be in conformity with the registered
prospectus.
The secretary was then re-called, and he proved that
the registered prospectus and the printed advertise-
ments were in conformity with each other.
Mr. Justice ERLE inquired if Mr. Keene would admit
the conformity of the prospectus and advertisements?
Mr. KEENE said he could not.
Mr. Justice ERLE then re-called Mr. Pritchard, who
proved that certain prospectuses were registered from
time to time.
Mr. KEENE said that he would admit that there was a
conformity between the prospectus produced and the ad
vertisements in the the printed documents produced, and
purporting to be newspapers. He objected that the
prospectus registered and published in the advertisement
was not the one authorised by the committee. He also
objected, that the papers produced were not proved
to be newspapers.
Mr. Justice ERLE—You have not got the printer to
prove that the papers are copies of those printed at
certain dates.
Mr. HUMPHRIES—NO, my Lord.
Mr. Thomas then produced a copy of the Morning
Herald, which he stated came from the Herald office, and
a copy of The Sun from the Stamp-office. The papers
produced by the name of the Times are papers published _
and circulated by that name on the dates named on
them.
By Mr. KEENE—Applied for a copy of The Sun in
writing. Has not got the letter.
Mr. KEENE then objected to the production of the
pape Mr.
r. Grogan recalled, and examined by A
dlelir.vJeur stie
Justice
ERLE—Saw the secretary of the company
cer-
tain prospectuses to Mr. Parrott. He has also given
them to witness. Witness gave these prospectuses to
Mr. Thomas for insertion in the newspapers. Gave the
identical ones brought by the secretary to Mr. Thomas.
Mr. Justice ERLE then stated his opinion that there
was a case to go to the jury. It was, however, subject
to the objections of Mr. Keene.
Mr. KEENE then proceeded to address the jury, and
contended that there was no proof that the defendant
WAS present at any meeting which authorised the in-
sertion of advertisements. The resolution of the 24th
of September did not authorise the expenditure of one
farthing of money, as it only authorised the inviting of
the co-operation of certain gentlemen, " and to publish
their names if necessary ;" and therefore all the work
done by the plaintiff had been done without competent
authority—at any rate no assent by the defendant was
proved.
Mr. Justice ERLE then summed up the evidence, and
remarked that there could be no doubt that Mr.

Parrott did cause the advertisements of the co m
pany to be inserted in the newspapers, and
that he had paid for them to a much larger extent-
than the sum which he sought would cover. The
Learned Counsel for the defence had raised a number of
objections, for which he had apologised to the jury, but
it was his bounden duty to protect his client in every
way, and he had shown considerable learning and inge-
nuity in doing so. The question which was mainly for
their consideration was, whether the defendant had
given sufficient authority to the provisional committee
to act in his absence. The mere fact of his being on the
provisional committee list would not render him liable,
but on the 24th of September a resolution was passed in
the defendant's presence, which would necessarily incur
the expense of advertising and the costs of the solicitor.
The defendant had in this case not been merely a dor-
mant committeeman, but he acted with the rest, and
therefore as being a member of a body, uniting to act
for one purpose, he was to a certain extent liable. The
Learned Judge then recapitulated the evidence briefly,
and the jury returned a verdict for the plaintiff—
Damages, 1,1004

COURT OF EXCHEQUER, Jan. 16.

BIDDER V. FITZGERALD.

In this cause, which was tried before the Lord Chie f
Baron, at the last sittings at Westminster, as an unde-
fendedr cause, the jury returned a verdict for the plaintiff:
The plaintiff was a country solicitor, and brought his
action to recover a sum of money, alleged to he due to
him for professional services rendered on behalf of the
Birmingham and Daventry Junction Railway, of which
the defendant was one of the provisional committee. At
the time of the jury giving in their verdict the Lord
Chief Baron took occasion to remark upon the reckless
mode of their giving the verdict for a sum larger than
even that claimed by the plaintiff's counsel, and which
was not supported by the least evidence.
Mr. PEACOCK now moved to set that verdict aside.
The reason the cause was not defended arose from the
fact of the solicitor, who was instructed to defend the
cause, having left the country, and the brief which he
had prepared, and which had since been found in his
offices, had not been handed to any counsel.
The LORD CHIEF BARON—The jury seemed to have
been very greatly infected with the popular mania
against provisional committeemen, the verdict was a
most unaccountable one.—Rule granted.

71 t*