The Sun.
London, England, 1847-02-13 00:00:00

IN RE MINCIIIN.

The arguments in this case, which were part-heard yes-
terday, were resumed to-day, and occupied their Lordships
the whole morning. The case came before their Lordships
by way of appeal by James Minchin, Esq., barrister-at-law,
and late Master of;the Supreme Court of Madras, against sn
order of that Court, pronounced in June, 1845, dismissing
him from his office for alleged official misconduct in the
taxation of the bills of costs in a cause of Mottee Ran v.
Campbell.

CHANCERY.-(THIS DAY.)
The Lox') CHANCELLOR heard appeals to-day. The
further arguments in the part-heard case of " Brighton V.
North" occupied his Lordship the whole morning.

VICE-CHANCERY.-(THIS DAY.)
The VICE-CHANCELLOR of ENGLAND took Causes, ex-
ceptions, and further directions to-day ; but no case calling
for a particular report came before his Honour during the
morning.

QUEEN'S BENCH.-(THIS DAY.)

Etus V. ORMEROD AND OTHER%

This was an action brought by the plaintiff, an engineer,
against the defendants, who are engineers, carrying on busi-
ness at Birmingham, for an infringement of a patent which
be possessed for improvements in the " turn tolls" used on
railways.
The case occupied the greater part of yesterday and the
greater part of to-day, and a number of scientific witnesses
were examined on both sides.

The parties, however, came to an arrangement to take a
verdict for the plaintiff on the issues, in which he claimed all
the possession of the patent; and for the defendants on the
plea that the machine they manufactured was not an in-
fringment of the plaintiff's patent. Both parties to pay their
own costs.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius, before the LORD CHIEF BARON and
Special Juries.)
DUNN V. COCKS.

In this case Richard Dunn, whose name has so often been
brought prominently before the public in connexion with
various proceedings in the courts of law, was the plaintiff ;
the defendants, Messrs. Cocks and Co. army agents, of Pall-
mall. The action was brought by the plaintiff, in the cha-
racter of administrator to his brother, Lieutenant Dunn, of
the 7th Foot, deceased, for the purpose of recovering from
the defendants a balance, alleged to be admitted by the de-
fendants as due to the representatives of Lieutenant Dunn,
upon the sale of the effects of that deceased officer.
Mr. Martin and Mr. Pashley appeared for the plaintiff ;
the Attorney, and the Solicitor General, and Mr. Waddington,
appeared for the defendants.
It appeared that the brother of the plaintiff died in the
year 1840, and the defendants, as agents of the regiment,
proceeded, in accordance with the regulations contained in
the Articles of War, to dispose of the effects of the deceased.
The plaintiff having called upon the defendants to give an
account of the disposal of the money realised upon the sale
of those effects, was informed that he must produce the
letters of administration appointing him as administrator to
the effects of deceased. Acco'rdingly, the plaintiff obtained
letters of administration, and received from the defendants an
account of the proceeds of the sale, the last items of which
stated " to balance to credit of the public, 501," and a further
item—" to balance 199/. I6s. This balance the
plaintiff now claimed as balance due to him as the represen-
tative of the deceased.

The ATTORNEY-GENERAL now contended that this was a
balance credited to the public, and paid'into the War-office,
and not a balance due to the credit of the plaintiff.
Upon examining the document in question,
The Loan Catar• BARON took the same view of the case,
and although the latter item did not contain the words "to
the credit of the public," still, as the item was
placed immediately under the one containing these
words, and as double dashes placed with the item
intended to represent " ditto," " ditto," " ditto,"
it was clear that the sum had been paid over to the public
credit, and not a balance due to the plaintiff. Whether the
agent were authorised so to dispose of the money or not was
not a question now before the Court.
Plaintiff was accordingly nonsuited.

COMMON PLEAS.-(THIS DAY.)
(Sittings at Guildhall, before the LORD CHIEF JUSTICE, and
a Common Jury.)
HUMPHRIES V. SHUTTLEWORTIT.
_

This was an action brought by a broker in the City, to re-
cover from the defendant the sum of 251. for a share trans-
action. The amount claimed was for commission in buying
the shares, and the loss between the price at which they
were purchased for the defendant, and subsequently sold.
From the evidence it appeared, that the plaintiff had been
instructed to purchase for the defendant fifty railway shares.
le procured the shares from another broker at three-eighths
premium,but when they were offered to the defendant he said
it was a bad job, and wished him to do the best he
could with them. They were then sold at par. For the
defence, it was urged that no regular bargain fur the
shares had ever been made, and that the shares when pur-
chased at the three-eighths premium were not paid for by
the plaintiff at the time, but that he subsequently returned
them to the party from whom they originally came as un-
sold shares. _

The jury immediately returned a verdict for 211. ss.

BANKRUPTCY.-(THIS DAY.)
This morning, Mr. Commissioner Gouusumi again called
the attention of the bar to the operation of the New Bank-
rupt and Insolvent Act, as regarded traders who had no
assets to divide amongst their creditors. His Honour re-
peated his opinion that such persons did not come within the
meaning of the Act, and his opinion was supported by Sir
George Rose, one of the Judges of the Court of Review. le
had not, however, yet obtained the opinion of his Brother
Commissioners, and was doubtful how he ought to act.
Mr. Cooke, Mr. Nicholls, and Mr. Lucas addressed the
Court, and said that the Act presented very great difficulties
indeed.

His Hosoun said, that as the law had been acted
upon all persons were placed on the same footing—
the man that had squandered away everything and the man
who had 15s. in the pound, they both got liberated if in
prison, and protection if out of it, unless fraud was proved.
lie had no doubt that it also led to concealment of property,
and, what was a greater evil, drove merchants and traders
from coming before the Court with its legitimate business,
and drove them into holes and corners to make arrangements.
An inscription to this effect might now be placed over the
doors of the Court : " For debtors immediate release and pro-
tection ; for creditors, 0 0 0." He was obliged to the Bar
for its suggestions, and would decide the point after he bad
heard the opinions of his brother Commissioners.

LONDON SESSIONS.—(THIS DAY.)
(Before the RECORDER, and Alderman Joingsox for the Lord
Mayor, Sir J. DUKE, and Sir C. MARSHALL.)
Phillip Isaacs, a member of the Hall of Commerce. in
Threadneedle-street, was indicted for having committed an
assault on Edward Joseph, on the 28th December last.
The prosecutor said, that the day in question he was at the
Hall of Commerce, and purchased a great number of shares,
and went into the coffee-house to get change for a sove-
reign. Whilst standing at the bar, speaking to a gentlerean,
he heard some one say, " Take care' ofyourat theckets , take
H
care of that swindler." e did not
understand
mo-
ment that the observation was applied to him, but went to
the
other end of the table where defendant was sitting, and
asked him if he addressed him (prosecutor) when defendant
without making any reply took up a short cane with a
booked handle and struck at him, but missed; he then struck
again, and gave prosecutor a "dreadful and brutal " blow on
the temple. He went to the Lord Mayor and took out a
summons, but could not attend, as he was ill in bed, he was
obliged to keep his bed two days, and after he bad been out
he was confined two days more.
Cross-examined by Mr. CLARKSON—I live at No. 10,
Gloucester. place, lioxton. I did not desire my attorney not
to say where I lived in order to avoid notice of trial being
served on me. I had no medical attendance except a female,
an old woman, as I have an objection to medical men, as
they make such long bills. Had heard that defendant had
lost his wife, and had heard that he had buried her without
the rites of a Jewess. To the best of his knowledge he was
not speaking about it. Did not recollect whether he spat in
the face of defendant or not ; if lie did it was after he re-
ceived the blow. Had been excluded ever since from the
coffee-room by Mr. Dloxey, the proprietor.
was called—He proved
M. Gardin, a French gentleman,
the assault, but could not tell what passed previously.
Mr. CLARKSON addressed the jury, and said that as the
prisoner had not ventured to deny spitting in the defendant's
face, the jury would be justified in finding the defendant Rot
guilty, on the ground that he had been grossly provoked.
The RECORDER, in summing up, said that if the alleged
provocation bid been given, although it might be imprudent
for a man to use a cane, yet the indignity was beyond
endurance, and it was next to impos,ible for a man to re-
main passive under such an atrocious insult ; and although
it would be regretted that a person should receive a bodily
injury, yet a man ho spat in another's face
richly deserved the punishment with a cane, and was

unfit for the society of gentlemen. He had not denied the
suggestion of the defendant, and it was for the jury to say
whether they could make out whether or no there had been
provocation sufficient to justify the blow. The fact of pro-
secutor's being excluded ever since was, also, a point in the
case.

The jur7 retired, and shorty afterwards returned with a
verdict—Guilty, there being no evidence to show whether
there Ir4s any provocation.
Mr. I,ARIiSOI.7 said the prosecutor had not denied it, but
he could get evidence.
The RatcoltDra said the verdict must stand, but as there
was no evidence to show the provocation, and the prose-
cutor had not given evidence to throw a light on the subject,
the judgment of the Court was that defendant should enter
into recognizances to keep the peace for twelve months, and
to come up for judgment, if calied upon to do so, and then he
would be at liberty to bring evidence in mitigation a punish-
ment.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
BETTING AT MANCIIESTER.—FRIDAT.
METROPOLITAN STA.KES.-16 to 1 agst Jenny Wren-17
to 1 agst Lady Sarah-18 to 1 agst Pink Bonnet.
LivEaroor. STEEPLE CriAtE.-8 to 1 offered on the field.
CHESTER Cur.-22 to 1 agst Medicant-23 to 1 agst The
Lamb-27 to 1 agst Punch-28 to 1 agst Bedlam-30 to 1
aget Camera Obacura-20 to 1 agst The Flitch-40 to 1 agst
The Duke of Itichniono-40 to 1 agst Sir Tatton Sykes-50
to 1 agst Bourton-50 to 1 agst Fitzallen-50 to 1 agst
Jonathan Wild-50 to 1 agst I'al (taken)-40 to 1 agat
Erin-go-bragh-33 to 1 eget Antler.
DEIIIIY.-15 to 2 agst Van Tromp-12 to 1 asst Epirote
—l4 to 1 agst Planet-20 to 1 agst Glentilt-22 to 1 agst
Cenyngham-35 to 1 aget Altertonian-53 to 1 agst Sister to
Cobweb colt-35 to 1 sgst Red Hart-10 to 1 agst Lime-
dale-50 to 1 Christopher-50 to 1 agst Will o' the Wisp-
-50 to 1 aget Limestone.
Tun Oans.-9 to 1 agst (lementina-9 to 1 agst Farmer's
Daughter-16 to 1 agst Miami-20 to 1 agat Ellerdale-20
to 1 agst Nerissa.
COVENTRY RACES, 1847.
Nominations for tke Craven Trial Stakes.
Infringe, 3 yrs—Buttress, 4 yrs—lcicle, 4 yrs—Burlesque,
4 yrs—Susanna; 3 yrs—Seljuck, 3 yrs—SpLhead, 4 yrs--
Treacle, 3 yrs.
Handicap of 10 Sovs. each, Ste.
Sylvanus, 5 yrs—the Dart, 5 yrs—Ratcliffe, 6 yrs—Ame-
rican, 4 yrs—Golden Bee, 4 yrs—Congress, 3 yrs—Duke of
Richmond, 4 yrs—Roebuck, 5 yrs—Juvenal, 6 yrs—Fancy
Girl, 4 yrs—Redstreak, 5 yrs—Moonlight, 3 yrs-,Godfrey,
6 yrs--Lord Harry, 4 yrs—Jolly Beggar, 6 yrs—Aristotle,
aged—Diomed, 4 yrs—Satyr, 6 yrs—Bannockburn, 3 yrs—
Elecampane, 3 yrs—Pleasure Trip, 4 yrts-Treacle, 3 yrs—
My Mary, 5 yrs—Buttress, 4 yrs—Hector, 5 yrs—Wild Roe,
5 yrs—Trojan, 6 yrs—Trifle, d yrs—Adulator, 3 yrs.
Several horses have been handicapped for a free Hurdle
Stake.
HUNTING APPOINTMENTS.
Worcestershire lids., Mon., Dunley ; Thurs., Upton Snod-
bury ; Sat., Bromsgrove Lickev-10i.
Lord Redesdale's lids., Mon., Pomfret Castle ; Wed., Brad-
well Grove ; Fri., Eyford ; Sat., Kiddington Gate.
Ledbury lids., Mon., Stanley Hill Turnpike; Fri., Nowent
Wood-10!4.
Ludlow lids., Tues., Kennels; Thurs., Hopton Castle; Sat.,
Wigmore RoAs-10.
Mr. Lumley's hds., Mon., Shooter's Hill • Tues., Osberton ;
Thurs., Dunnington ; Fri., Clay worth-101.
Ruurd hds., Mon., Thoresby Park; Tues., Fox and
Hounds Inn; Thurs., Laxtou Village • Sat., Clown—lOLA.
Mr. M. Ingram's hds., Mon., Chartley Park ; Thurs., Sud-
bury House; Sat., Rangemoor—i to 11.
Dorrington hds., Mon., Plumtree Village; Wed., The
Flourish Inn ; Sat., Moira Bath—i to 11.
Quorn lads., Mon., Gum!ey Ball ; Tues., Ashfordby ;
Thurs., Houghton- on-the-Hill ; Fri., Bunny Park-11.
Cheshire kds, Mon., Cholmondeley ; Tues., Astle ; Thurs.,
Baddeley Hall ; Fri., Haukelowe ; Sat., Wrenbury Village.
Sir W. W. Wynn's lids., Mon., Pentrebyclian ; Wed., Pen-
ley Hall ; Thurs., Queen's Head ' • Sat., Plas Teg.
Montgomeryshire hds., Tues., Guinley ; Fri., New Mills.
N.,rth Staffordshire hds., Tues., Trentham ; Fri., Weigher-
' on Lodge, Doddington-10},.
Cottesmore lids.' Mon., Grimsthorpe Kennel; Wed., Tilton
Wood; Thurs., Gritnathorpe Castle; Fri., Ayston.
Lord Yarbormigh's hds., Mon., Kennel; Wed., Irby Dales ;
Fri.. Wootton House-11.
Mr. Hellier's hds.. Mon., Raithby by Louth ; Tues., Wood
Enderby ; Thurs., North Willingham ; Sat., Haugh-10i.
Mr. Locke's lids., Tues., Elston Windmill; Thurs., Di-
rection Post on Warminster Down-11.
Brighton hrrs., Men., Patcham ; Wed., Racecourse; Fri;
Dyke—i to 11.
Brookside hrrs., Mon., Newmarket Hill; Thurs., Tels-
combe-tye—IOLA.

THE ORIENTAL MAILS.
TO 7'HE EDITOR OF THE SUN.

Sul,—lt is the Herald newspaper that continually writes
about her Majesty's tub steamers, as they call them, between
Marseilles and Malta, and no matter what happens else-
where by delays, mismanagement, or private purposes of
taking in cargo or passengers, still the Peninsular and
Oriental Company make her Majesty's tub steamers, as they
call them, responsible for everything that takes place.
Now, then, the mail, before this, was delayed at Alexan-
dria, because the P. and 0. Company's steamer Tagus, leaving
Southampton 3d January, could not get to Gibraltar till the
14th.

Again, their brick steamer Ripon (why called brick steamer
that company best knows) leaves Southampton 20th Ja-
nuary, and can't get to Gibraltar till the 30th.
All this is from Lloyd's List. The one is 11 days getting
from Southampton to Gibraltar, the other is 10 days—the
ordinary time being six days; and it has often been done in
four and a half days. Yet the Herald will make her Majes-
ty's steamers between Malta and Marseilles responsible
for this.

This, Sir, is the way the mails are constantly delayed at
Alexandria, and not from the insufficiency of her Majesty's
steamers, although I do not say they are first-rate; but as
the Admiralty are intent on bettering that service, surely the
Admiralty should not be the butt of the Peninsular and
Oriental Company in the columns of the Herald.
I send a copy of this letter to each newspaper, solely for
the information of my Lords of the Admiralty, merchants
of England, and other persons in London and at the out-
ports.—l am, Sir, your faithful servant,

31, Cornhill, Feb. 13,1847.

THOMAS WAGIIORN.

RAILWAY RETURNS.

Raitwat TIUFFIC.—The following are the Total Receipts of Ral}-
ways for the past week—that is to say, up to the date to which the
respective returns are made, together with the receipts of the same
week in the previous year:—

4
Week Last 'II tc;
ending NAME OF RAILWAY. week. 2`' 5
6.4 x
A
- Arbroath and Forfar •••• • - • ..... • • - 160
Feb. 5 Cheater and Birkenhead .•••••• • • • • • • 526 512
5 Dublin and Drogheda...... ......... 678 609
9 Dublin and Kingstown ••.••••• • • • • • • 566 706
7 Dundee and Arbroath .. •• • • 284 242
- Durham and Sunderland .. •••-• - • • • • - -
6 Edinburgh and Glasgow .• • • •••• • • • • 3,140 , 2,';41
7 Eastern Counties and North Eastern.. 9,290 6.339
6 East Lancasihre •• . • -
Tan. 31 Eastern Union • • 4 rw6 -
Feb. 6 Glasgow, Kilmarnock, and Ayr ••• • • • 1,639 1,656
6 Glasgow and Greenock. •••• • • • • •• • . 859 668
- Gravesend and Rochester. •.•••• • • • • • - -
6 Great Southern and Western •••• • • • • 993 -
7 Great Western, &e .....••. • . .. .. 15,902 15,847
Jan. 31 Ipswich and Bury • • • •••• 394 -
Feb. 6 London and North Western, &c...... 34,445 33,241
7 London and Blackwall.... -..•• • • • • 653 734
6 London and Brighton .•••• • . • • ...... 5,333 4,501
- London and Croydon .. ..... ........ - -
7 London and South Western ......... 5,800 5,108
- Maneheater, Bolton, and Bury ...... - -
6 Manchester, Leeds, and Hull Assoc.. 7,371 7,107
6 Manchester, Sheffield, and Lincolnshire 1,648 1,476
Jan. 31 Maryport and Carlisle
Feb. 6 Midland, Bristol, and Birmingham.... 16,698 14,864
6 Newcastle and Carlisle ••••• • • • • ..... 1,784 1,612
- Newcastle and North Shields.. .... - -
6 Newcastle and Berwick - • •
7 Norfolk.. • ... ••..••••••• • • • • • • • • • •
6 North British .... -.•• • • • • -
8 Paris and Rouen .. .. ....... - - 6,004 5,069
6 Preston and Wyre ....... ........... 541 491
5 Shrewsbury and Chester -
6 South Eastern and Branches •••• • • - 5,940 1,476
5 South Devon.. •• • ... .• • ............ 907 --
6 Taff Vale
7 Ulster . •.......... ....... .... ...... 718 685
6 York and Newcastle . .......... •. - 7,949 6,034
6 York and North Midland . .......... 5,120 4,411

The Great Western steam-ship is to be 2
auction next month. She is now lying in the floating
at Bristol.

old by
harbour

Lieutenant-Colonel Ratcliffe, K.H., late of the
Enniskillen Dragoons and 2d Dragoons, died on the 9th inst ,
He entered the serrice as Cornet in 1811, was promoted to
a Lieutenancy in 1812, to a Captaincy in 1F27, a Majority
in 1832, and to a Lieutenant-Colonelcy in 1837. He served
in the Peninsula with the 2d Dragoons, from June 1811, to
the end of the war, in 1814, including the battles of Sala•
manes, Vittoria, Pyrenees, and Toulouse.
Major-General Sir Archibald Maclaine has been
appointed to the Colonelcy of the 52d Foot, in the room of
the late Lieutenant-General Sir Edward Gibbs. Sir Archi-
bald entered the army in 1794, and was promoted to
the
rank of Major-General in 1841. He is the officerNsh
re-
ceived the honour of knigthhthooLoildyfolrsshims
edne,feangcaeinostf forti‘iarAshaa-1
Ma-
tagonda for 55 days,
Soult,whomißo
ha.davfEi‘Ei
force of
IN MAKlNGofB,OOOmiderhis\ G il
c‘ornitlomuand.
New iT.HosE.
—Mr. Job Jarman, of Leicester, has announced a new in-
vention for making wrought-hose. We understand that it
makes one-fourth more goods than on the present plan, and
quite equal to them in every respect.—. Nottingham Berirw.
RomougED LAW CHANGES.—It Was generally
reported in the Four Courts on yesterday that Judge Burton
has intimated his intention of vacating the bench. His Lord-
ship's physical powers, it has been for some time manifest,
are becoming enfeebled, although his mental faculties seem
unimpaired. His Lordship has reached a very advanced
age—it is said 96 or 97—and Lis retirement, under any cir-
c(ui‘tinosotraeire;,,ilmi,uasst bu es
usual,
earlypiipa,N)s,ei n event. •
have
Nhn.
feel
r.
reportsi
tt
sToelf
offer
effect
ocof
Attorney-Generaljotunhdeug, eal
I,veaaßurton'sc3;
iandnstatnhti this
resignationfact—always
true—musts u
po-
litics.—Dublin Pilot.

A serious accident happened to one of the labourers
working in the railway turn el at Ridgeway-hill, on Thurs-
day. A large stone, falling down a shaft, struck him on the
head, and knocked him down senseless. We since hear that
the poor fellow is likely to do well.— Dorset Chronicle.
EXTRAORDINARY RAILWAY ACCIDENT.-011 Mon-
day morning, as the train from Exeter was coming to New-
ton, the engine took in water at Teignmouth, and the engi-
neer or the attendant forgot to turn the water oil; so that
when the third class passed the hose they were soused, and
the carriages were filled with water. The occurrence caused
quite a sensation amongst the travellers. When the party
reached Newton, complaint was made to the Superintendent,
who expressed his regret at the accident, and premised that
the matter should be inquired into.— Plymouth Journal.
We understand a number of the new Queen's
Counsel will be made either previous to the circuits or in
Easter Term. Amongst these likely to be honoured with
silk gowns are mentioned Mr. Bliss and Mr. Granger, of the
North, rn Circuit; Mr. Townshend, of the North Wales Cir-
cuit; Mr. Miller, of the Midland; and Mr. Prendergast and
Mr. O'Malley, of the Norfolk Circuit.
THE Emu PARTY.—There was a rather numerous
meeting of the Irish party yesterday, at the office of the
Munster Railway Company, in Parliament-street, Lord
Montcca to presiding, at which the various clauses of the new
Poor-law Bill were considered at 30LPO length.

NAVAL INTELLIGENCE.
COURT-MARTIAL. _

PORTSMOUTH', l'EtTs. 12.—A court-martial was assembled
this day on board her Majesty's ship St. Vincent, to inquirer
into the circumstances attending the running on shore of her
Majesty's steamer Sphynx, on the rocks near Brook Bay,
in the Isle of Wight, on the morning of Saturday, the 16th
of January last, and to try Commander J. B. Cragg, and the
officers and crew, for their conduct on that occasion.
The court was composed of Rear• Admiral Parker, C. 8..
president; Captain J. Pasco, of the Victory; Captain Chade,
C. 13., of the Excellent ; Captain Henderson, C. 8., of the
Sidon ; Captain Kingcome, of the Belleisle; Captain Milne,
of the St. Vincent; with Mr. G. L. Greetham, as deputy
jutlge-advoca!e.
Ccinmander Cragg was assisted in his defence by Mr.
James Hoskins, solicitor, of Gosport.
After the usual forms had been gone through, and Com-
mander Cragu's report of the atEir read by the Judge-
Advocate, he was desired by the court to point out on the
chart the course he had shaped for the Sphynx to be steered
to clear St. Catherin.-:', Point, after making the Portland
Lights at midnight ; this being done, he was asked to pro-
duce his night orders, and if the lead was going. .He had
not issued any night orders, as he was On deck all the night,
mi,10.1, and morning watches, with but little intervals. The
lead was not going.
Further evidence proved hat the course was, as imagined,
properly shaped, but, on pricking it off in court it appeared
that no allowance had been made f it currents or tides, and it
was, therefore, doubtful, if the bearing of the Portland
Lights were correctly taken. Commander Cragg„ Yr. Willis,.
and every man and -cflicer in the vesial; used their utmost
exertions iu trying to preserve her after she had struck. The
witnesses to xhifity and character, and the defence to be
produced by Mr_ linskins, will occupy the court until late in
the evening, and may probably produce an adjournment
until to• morrow.

Her Majesty's surveying ves.sel the Herald was at San BIM
on the 21st of November, all well. Captain Kellett had just
returned from surveyirg the Columbia River and Vancouver's
Uaild. The dicers had been most successful in their duties,
and had experienced many comforts at the latter place, con •
siderablv more than anticipated. The Herald intended to
sail for Panama early in December, to complete, for another
survey. All the officers and crew were in good health.