The Sun.
London, England, 1847-10-12 00:00:00

TAB U-N, LONDON, TUESDAY EVENING-, OCTOBER 12, 1847.

but the indictment must be laid for breaking the
dwelling-house of him that let it, and not of the inmate."
And again, " Where inmates have separate rooms
in a house, if they enter at the same outer door as the
owner, the rooms are not the dwelling house of the
inmates, but of the owner." It is true that in the
case of Lee v. Gansell, it is said that, " where a bur-
glary is committed in the apartments of one who
lodges in a house, the circumstance of the owner's
living in it, or his occupying only a shop or cellar in
which he does not sleep, makes a very material diffe-
rence as to the form of the indictment ; for in the
latter case, the lodger has the outer door entirely to
himself, and the burglary in such a case must be laid
to be in the house of the lodger; but it is otherwise
in the former case, and there it must be laid to be in
the house of the owner." But the simple statement of
this claimant, without any thing more, that the land-
lord does not sleep in this house, if that were the sole
question, would never be held sufficient to support an
indictment. Besides, there are the circumstances in
this case, that the landlord occupies a shop and
parlour in the house, that he is continually there
in the day time, that he has the key. of
the outer door, and that he may be there any night
and every night if he thinks proper. Who, therefore,
can say that the claimant here "has the outer door
entirely to himself?" Certainly, lam not to restrict
the franchise, but I cannot make the law, and I can-
not give the franchise where the law has declared the
claimant is not entitled to it. According to my view
of the law, the relative position of the claimant and his
landlord is, that the landlord remains the occupier of
the house, and that the claimant is a lodger, and not
within the contemplation of the Act. This case has
been so clear to me from the first, that I
should not have said so much about it as I have
done, had it not been that Mr. Smith has wished
to appeal from my judgment. Mr. Brown, how-
ever, on behalf of the claimant, has informed
me that he will not respond to the appeal. If Mr.
Smith continues seriously to think that this is a case
he ought to take to the Court of Common Pleas, and
Mr. Brown will now pledge himself to me that
the claimant will respond, I will grant a case ; but I
have so little doubt that I am now correctly adminis-
tering the law as it exists, that if the claimant con-
tinues to decline to respond, I shall not put the parish
to the expense in this case of defending an appeal by
ordering the overseers to be the respondents; and in
that event, therefore, you can have no case.
Mr. Sidney Smith contended that this was a case
which ought to be brought under the consideration
of the Court of Common Pleas.

The REVISING BARRISTER— I am so convinced of
the correct view I have taken on this question, that
I do not consider I should be justified in putting the
overseers to the trouble, and the parish to the expense,
of an appeal to the Court of Common Pleas.
Mr. Brown said he should not become respondent.
Mr. Sidney Smith submitted that he was legally
entitled to have a case.

A conversation ensued between the agents on each
side, after which
The LEARNED BARRISTER said, if the overseers
appeared, he would furnish them with a copy of his
judgment, and if they would become respondents he
would grant a case to the Common Pleas.

SPORTING IN TELLIGENCE.

NEWMARKET SECOND OCTOBER MEETING.

MONDAY.

Match, 300, 100 ft; 7st 101 b. First half of Ab. M.
Duke of Bedford's Fietiana received forfeit from Mr.
Ford's Shahzadee, and walked over.

Sweepstakes of 50 sovs. each, 30 ft; for three yrs old

D.M. (12 Subs.)
Duke of Bedford's Bridle, Bst 41b ... walked over
Sweepstakes of 10 soya. each; for two yrs old, 6st 71b;
three, Bst 41b; four, Bst 121 b; five and upwards,
9st 21b. T.Y.C. Winner to be sold for 2001., &c.
Lord Albemarle's Radulphus, 4 yrs ... (Robinson) 1
Mr. Barnes's Blackcock, 3 yrs
The following also ran :—Mr. Mostyn's Winchester, 5
yrs—Mr. Worley's Headsman, 4 yrs—Colonel Peel's
Vert Vert, 3 yrs—Mr. Cheshire's Ellen Horne, 3 yrs—
Lord Exeter's Tippet, 2 yrs—Mr. Death's Lady Frances,
2 yrs—and Colonel Anson's Spanish Chestnut, 2 yrs.
Betting-7 to 4 agst Blackcock, 9to 2 agst Winches-
ter, 5 to 1 agst Vert Vert, 7 to 1 agst Headsman, and 8
to 1 agst Tippet. They started in a line, and ran almost
head and head to the cords, where Radulphus took a
slight lead, Blackcock, Lady Frances, Winchester, and
Vert Vert lying up. The race home was remarkably
close, Radulphus winning. only by a head, and Lady
Frances and Winchester, who were not beaten a neck
from the winner, finishing so close together, that the
judge could not place a third. Vert Vert was also well
up. Run in 1 min. 19 secs.
Match, 200, h ft, last half of Ab. M.
Duke of Bedford's Villiers, Bst 131 b, received forfeit
from Mr. Osbaldeston's Vice Consul, 7st 131 b.

Handicap Sweepstakes of 20 sot's. each, and 5 only if
declared; for three yrs old, &c. T.Y.C. (15 Subs.,
7 of whom declared.)
Lord Albemarle's Radulphus, 4 yrs, 6st 121 b ... 1
Mr. Drinkaid's Moodkee, 3 yrs, sst 101 b ... 2
Mr. Worley's Headsman, 4 yrs, 6st 61b ... 3
The following also started:—Lord Orford's Prussic
Acid, 4 yrs, Bst 101b—Lord Enfield's Garry Owen, aged,
Bst 51b—Colonel Peel's Oregon, 3 yrs, 6st 101b—Mr.
Wesley's Elimea, 4 yrs, 6st 61b—and Lord Chesterfield's
Cherry, 4 yrs, 6st 51b.
Betting-3 to I agst Garry Owen (taken), 7to 2 agst
Headsman, 4 to 1 agst Cherry, sto 1 agst Radulphus,
and sto 1 agst Moodkee. Radulphns made nearly all
the running, and won easy by a length, Moodkee beating
Headsman by two lengths. Run iu 1 min..ls sees.

Mr. Robertson's Torn Tough, aged, 7st 61b 3
Mr. Merry's Marian Ramsay, 5 yrs, 7s 71b ... fell
Won by three lengths.

The Two Yrs Old Stakes of 25 sovS. each, 10 ft, with
25 added; for colts, Bst 51b; and fillies, Bst 21b. Three
quarters of a mile. (7 Subs.)
Mr. M. Dawson's Liston ... ... (J. Duncan) 1
Mr. Merry's Aspasia 2
Won by three parts of a length.
Her Majesty's Plate of 100 guineas. Four miles.
Mr. Meiklam's Lightning, 6 yrs, lOst (Templeman) 1
Mr. Merry's Pilot, 5 yrs, 9st 91b ••• •••
Mr. Little nd Cable, aged, lOst 3
Won by a neck.
Handicap of 5 sous. each, and 50 added, gentleman
riders. Once round and a dis. (5 Subs.)
Mr. Nicol's Moscow, 4 yrs, lOst 71b...(Capt. Pcttat) 1
Sir J. Boswell's Sweetheart, 4 yrs, lOst 31b... ... 2
Mr. Merry's Marian Ramsay, 5 yrs, list 71b ... 3
Mr. Nicol's Roland, aged, list 71b 4
Mr. Wilson's Bessy Bell, 4 yrs, 9st 71b ... 5
Won by half a length.
Plate of 501. Heats. Two miles.

Mr. Binnie's Titus Oates, 4 yrs, 7st 101 b ... I 3 1
Mr. Merry's Badinage, 5 yrs, 7st I Ilb ... 2 l 2
Mr. Meiklam's Susanna, 3 yrs, Est 41b ... 4 2 3
Mr. Wilson's Bessy Bell, 4 yrs, 7st 71b ... 3dr
Three well-contested heats.

A Sweepstakes of 5 sous. each, gentleman riders,
catch weights, half a mile, (4 subs.), was won by Mr.
Fairlie's Zela, 4 yrs (Captain Pettat) beating Giraffe,
Fair Jane, and Lord Ailsa's b g by half a length.
The Produce ►takes of 50 soya. each, 2 ft. Two miles.
(2 Subs.)
Sir J. Boswell's Marianne, Bst ... Walked over.

MAIL STEAM-PACKETS.

At Malta, the Flamer, Commander Lavie ; and the
Ardent, Lieutenant-Commander Baker.
En route from Malta to Marseilles, the Volcano,
Lieutenant J. Craig.
En route from Malta to the lonian islands and
Greece, the Locust, Lieutenant Power.

PENINSULAR AND ORIENTAL STEAM NAVIGATION
COMPANY'S FLOTILLA. _

At Southampton, the Oriental, Achilles, Ripon,
Tagus, and Indus.
En route to Gibraltar and Southampeon from Malta,
the Tiger.
En route from Gibraltar to Malta, the Canopus,
the Thetis, and the Sidon steam-frigate, and Achilles,
Peninsular and Oriental Company.
En route to Constantinople and ports of the Black
Sea from Malta, the Erin.

En route to Alexandria from Malta, the Hindostan,
At Malta, the Ariel and Sultan.
FOREIGN SHIPS OF WAR AND PACKETS IN PORT.

French steamers, Leonidas and Osiris.
Yacht, the Louisa.

PORTSMOUTH, OCT. 11.—We have the pleasure to
announce the promotion of a deserving young com-
mander to the rank of captain, the Earl of Auckland
having conferred one of the vacancies caused by the
deaths of more than three captains on Commander
Cospatrick Baillie Hamilton (1844), who lately paid
off the Frolic, 16, after a long commission on the
Pacific and south-east coast of America stations,
when his ship and crew were in such a high state of
efficiency and discipline as to reap the reward of
universal praise from all who had an opportunity of
inspecting her.
At daylight this morning the Howe weighed with
a light air from the eastward, making
signal at the
same time for the Scourge to weigh and take her in
tow. By the time the steam of the latter was up,
and her anchor at the bows, it was 20 min. to seven.
The rest of the squadron were in the meantime pre-
paring to weigh, and tripped their anchors successively
as follows :—Arab, at 656 A.M.; Nautilus, at 7 15
A.M. ; and Amphion, at 7 20 A.M. By this
time the Scourge had got hold of the
Howe, and was towing her briskly out to
the S.E., so that the whole of the squadron
started nearly together. The Howe rounded the
light vessel at the Knab at a quarter past eight, and
was finally lost sight of at a quarter past ten, still in
tow of the Scourge, and with no other sail set but
her jib and spanker, a moderate breeze from S.S.E.
and steering S.W. The breeze still continues. The
rest of the squadron were in sight till nearly noon.
The Fire Queen steamer, Lieutenant-Commander C.
R. Johnson, was sent after her with letters and
papers, and left the harbour at thirty-four minutes
after nine A.M., and overtook her, delivered her dis-
patches, and was in the harbour again ten minutes
before one

The Hermes steam-vessel, Lieut. Bridge, arrived
to-day from Cork, and came into the harbour.
The Vixen steam-sloop, Commander A. P. Ryder,
went to Spithead to-day.
The Alban steam-transport, Master Commander M.
Bradshaw, sailed to-day for Plymouth, with a floating
fire-engine in tow.
Extract of a letter from the brigantine Kestrel,
Lieutenant-Commander Baker, dated Aug. 7, 1847 :
—" We left England on the 4th of May, and arrived
at Madeira on the 25th, after rather a long passage,
owing to head winds the whole way. There we found
the Thetis, from Lisbon. On the 27th we sailed for
Rio, the Thetis, 36, Captain Codrington, having left
the morning before for St. Michael's. I forgot to add
that we lost a first-class boy (James Sangman) over-
board on the 12th of May. The Peterel packet, from
Falmouth, left Madeira on the 24th. We arrived
at Rio on the 24th of June. where we found the
Griffon brigantine, but the packet had not yet arrived.
The Peterel arrived on the 25th, and we started on
the 29th, at daylight, with the mails for the squadron
at Monte Video and Buenos Ayres. We had three
pampiros on the passage, and arrived at Monte Video
on the 11th, where we found the Raleigh, 50, Com-
modore Sir Thomas Herbert ; the Eagle, 50, Captain
T. B. Martin ; the Melampus, 42, Captain J. N.
Campbell, under way for the Cape of Good Hope ;
the Firebrand steam-frigate, Captain Hope ; the
Alecto steam sloop, Commander Massingber ; the
Harpy iron steam- vessel, Lieutenant-Commander
Tomlinson, and the Lizard iron steam-vessel,
Lieutenant. Commander Pearse. The Comus, 16,
Commander D'Eyncourt, was at Maldonado ; the
Grecian, 16, Commander Findal, was blockading
Buenos Ayres ; and the Satellite, 18, Commander
Rowley, was at Colonia. We arrived at Buenos
Ayres on the morning of the 13th, after a splendid
run of 13 hours from Monte Video.

" On the 16th we left, and arrived at Monte Video.
On our return voyage (on the 18th) here, we heard
of the English blockade being raised on the 13th,
that the Rattler had left for England with the news,
and that in all probability the French would do the
same. The Alecto was sent up with the news on the
morning of our arrival at Monte Video, and both she
and the Grecian are now at this anchorage. There
is apparently a very strong feeling against Lord
Howden on account of his raising the blockade.
He was to sail from Monte Video for Rio on the 26th
of July or thereabouts, in the Eagle. We were de-
tained at Monte Video three days by a very strong
pampiro, and left on the 23d in the evening. The
Charte French frigate, from France viii Teneriffe and
Rio, arrived on the 18th. We arrived at Rio on the
3d of August. On the 7th the Seagull sailed for
England. The Eagle arrived from Monte Video in
the night of the 4th,
with his Excellency Lord
Howden on board. He landed under a salute next
morning. The Racer, 16, Commander Reed, sailed
on the Bth for Buenos Ayres and Monte Video,
and we await the next mail from England. The only
foreign man-of-war here is the American Columbia,
carrying a commodore. I re-open this to tell you that
the Brazilian frigate Constitution is off the harbour from
England, Lisbon last, with the mother of the Emperor
of Brazil on board.
His Ma was afloat yester-
day,jest
the 6th, when all the men•of-war saluted him.
He inspected the fort of Santa Cruz."
The death of Captain Edward Boxer, 1814, Places
another promotion to that rank from the commanders'
y-
list at the disposal of the First Lord of the Admiralty.
Five o'Clock, P.M.—Wind S.E. by
E., moderate
breeze ; weather fine.

WOOLWICH, OCT: i I.—The Tartarus steam-vessel
,
-*
was commissioned to-day at Woolwich by Lieutenant
Sir Godfrey Webster, Bart., who will command her.
The Banshee steam-vesse built by M. Thompson
at the Commercial Dock Pier, Deptford, from a de-
sign by Mr. cl 1,
TV Lang, jun., assistant to the
master shipwright at Sheerness Dockyard, was to be
launched at half-past two o'clock, P.M. The first
cheer, after the bottle bad been broken on her bows,
had scarcely ended when the vessel stopped on the
slip after having glided onwards about forty feet,
Every exertion was subsequently made to set her in
motion again, and continued until half-past four
o'clock, when the tide had receded so much that it
was considered necessary to shore the vessel up and
wait for the afternoon tide of to-morrow. The Mon-
key steam-vessel, Master Commander William
Bryant, was in attendance with a number of the crew
of the Black Eagle steam-vessel, to assist in navigat-
ing her after the launch to Messrs. Seaward's shears,
where her boilers are to be put on board, and the
crew of the Monkey attached a seven-inch hawser to
the Banshee to aid in towing her off; but on the
power of the Monkey being applied the hawser broke
as if it had been a piece of thread, and the Banshee
did not move in the least degree. It is supposed
the stoppag®
arose from the cradle having become
riband bound, owing to the guide planks laid
upon the ways
being narrower near the river
than they are at the starting point; and this
is snore likely to be the cause, as the united
powers of the Monkey
(Government), and Unity
(hired), steam-tug, in addition to a powerful screw at
her bows and a large tree used as a battering-ram,
with levers to raise the fore-port, did not move her
nearer fortunate she did not pro-
ceed
she would in that case
have been injured, but at present she is quite safe,
may
furtherthe river.
and
then
although it It
wstaosp, as
cause some trouble to get her afloat.
A and is a remarkably
firmly put together although
lliol.yhead mail packets,
light ;in her outline to the eys‘ She is intended to
_power, 350 -
Tfirunhnee
and is of the following dimensions :—Length, 189
vesselas Banshee
oneino of
iphspeebraurmial
appearance,
eols
Majesty
(s)
f9eefte;et depth,
broad 4 feet 6 inches ;
; and as her draught
,1 paddle-wheels 26
is only nine feet her paddle_._ boxes appear a great
height above her deck. The bran band of the Royal
feettofeetnll ;a
ing breadth,e,6o
diameter: h2b°7rys a
Sappers and Miners were present, and thousands of
spectators remained until they ascertained that no
further attempt would be made during the afternoon
to launch her.

THE COURT, r
iv eafternoon
by h her
&c,--WlNDeelt, MONDAY' EVENING.
is
Majesty rode out
Royalin Highness the
Prince Consort, another open carriage following with
—At
tr four
pony °'cplh°acekto tnii,ids
the lady in waiting and the maids of honour. Colonel
Seymour and General Bowater attending on horseback.
Previous to her Majesty descending from her private
apartments an accident occurred which for the moment
caused considerable alarm. One of the led horses, a
beautiful grey from the Prince Consort's stud, broke
away from the groom who had care of him, and galloped
furiously round and round tho great quadrangle, becom-
ing more and more excited every moment at the attempts
made to stop him. At length, while dashing across the
pavement under the clock tower, he fell with such force
as to slide several yards on his side, but he was then
secured and sent back to the stables uninjured, and
without her Majesty having been made aware of the
accident. Her Majesty returned from her ride about six
o'clock.
Tranquillity having been perfectly re-established
in Galicia, the Austrian Government has given orders to
place the troops there on a peace establishment.
ANDOVER.—We regret to hear that our late re-
spected Member, Ralph Etwall, Esq., is confined to his
house from an injury received by being overturned in
his carriage.—Hants Independent.

COURT CIRCULAR.
WINDSOR, MONDAY.—The Queen and Prince Al-
bert took their accustomed early walk.
The Prince of Wales, Prince Alfred, the Princess
Royal, and the Princess Alice, took walking and
pony exercise this morning, on the eastern terrace
and! slopes.
Prince Albert enjoyed the sport of shooting this
morning, accompanied by Lord John Russell. His
Roy al Highness was attended by Colonel the Hon. C.
B. Phipps, Gen. Bowles, and Col. Seymour.
His Serene Highness the Duke of Holstein Glucks-
bourg, his Serene Highness the Prince William of
Holstein, and his Excellency Count de Reventlow,
are expected to arrive at the Castle to-day, on a visit
to the Queen.

Viscount and Viscountess Palmerston and Lord
Edward Howard are also expected to arrive on a visit
this evening.
The royal dinner party at the Castle this evening
is expected to include her Royal Highness the
Duchess of Kent, his Serene Highness the Duke of
Holstein Glucksbourg, Prince William of Holstein,
his Excellency Count de Reventlow, Lord John Rus-
sell, Viscount and Viscountess Palmerston, the Lady
in Waiting of the Duchess of Kent, the Baroness de
Speth, Lord Edward Howard, Miss L. Dawson
Darner, and Sir George Couper.
The band of the Grenadier Guards attended during
dinner. Her Majesty's private band afterwards at-
tend in the Castle.

Earl Grey arrived in town last evening, from the
seat of Earl Fitzwilliam, near Rotherham, Yorkshire.
Sir George Grey arrived in town yesterday even-
ing, from his seat, Fallodon, Northumberland.
The Duke and Duchess of Buccleich returned to
town on Saturday night from Gosport.
Dispatches were received yesterday at the Colonial-
office, from the Governors of New South Wales and
Cape Coast Castle.

ACCIDENT TO THE PRINCE OF
WALES AND THE PRINCESS ROYAL.
An accident, which was fortunately not attended
by any serious results, occurred to their Royal High-
nesses the Prince of Wales and the Princess Royal,
yesterday morning, in Windsor Home Park, while
their Royal Highnesses were taking their usual
equestrian exercise upon the Shetland ponies, be-
tween nine and ten o'clock. A Lilliputian Java
pony, not more than twenty-seven inches in height,
which was presented to her Majesty by Lord Charles
Wellesley about three years ago, generally accom-
panies the Royal Family during their rides in the
Home Park. The Java pony, while the Prince and
Princess were taking their exercise, attended by the
grooms and one of their governesses, having dis-
played some curious antics, the two Shetland ponies,
ridden by the Prince of Wales and the Princess
Royal, started off at full speed, before the grooms
had the power to secure them, bolting across the park
in different directions. The Prince of Wales fortu-
nately retained his seat, showing great skill in the
management of his steed. The Princess Royal, how-
ever, not having the same command over her pony,
was thrown from her seat, providentially alighting
upon the turf without. sustaining the least injury.
The royal children lost no time in proceeding to the
Castle, arriving there before the news of the accident
had reached the ears of her Majesty or the Prince
Consort. Not the least blame is attached to the
grooms in attendance, who exerted themselves most
praiseworthily in rescuing the royal children from
the danger in which they were involved. Orders have
been given that the Java pony, which was the cause
of the accident, is not to be permitted to be in the
Home Park for the future during the time the Royal
Family take their morning rides in the vicinity of the
Castle.

DEPARTURE OF THE QUEEN

DOWAGER.

PORTSMOUTH, MONDAY. - The Queen Dowager
sailed in the Howe, 120, from Spithead, this morning
before seven o'clock, accompanied by the Duchess Ida,
the Prince Edward, and the Princess Amelia and
Anne, of Saxe Weimar, and attended by the Dowager
Lady Clinton, Colonel Sir Horace and the Hon. Miss
Seymour, Lord Scott, Colonel and Mrs. Cornwall,
Lieutenant Beding, R.N., Sir David Jones, the Rev.
J. Hudson (chaplain to her Majesty), and thirty-six
domestics.

The Lightning steam-packet was sent out with dis-
patches, but returned without putting them on board,
and the Fire Queen ultimately took them out and de-
livered them when the squadron had got twenty
miles from the port. The Amphion, Nautilus, Arab,
and Scourge (the latter towing), accompanied the
Howe to sea.