The Sun.
London, England, 1847-04-16 00:00:00

QUEEN'S BENCH.--(THIS DAY

POI LOCK v. STAIiLES.
Mr. BAINtS stated that in this ease, which was tried at
York before Mr. Baron Alderson, a verdict was given for the
plaintiff for 21. 10s., with leave being given to him to move
to add the sum of 851. to the amount• given by the verdict.
The action as originally brought for money paid, and for
commission as a ,iireloirulies--,the only plea being non as-
sumpsit. Tim plaintiff in the case was a sharebroker,
at Leeds, and the defendant was an attorney and share-
broker residing at the same place. On the 3d of September,
1845, the defendant instrusted the plaintiff to purchase for
him ten Huddersfield and Manchester railway shares. The
plaintiff accordingly purchased the ten shares on the same
day, and in accordance 1% ith the universal practice, he entered
into the contract in his own name. The price of the shares
was at that time 28/. per share The plaintiff purchased the
shares at the Exchange of the Leeds Sharebrokers' Asso-
ciation, from two persons named Serley and Cooper. On the
sth of September the defendant wrote a letter to the plain..
tiff, stating that the party for whom the ten shares had been
purchased had neglected to come and take them, and regret-
ting the inconvenience to which this neglect put all parties
concerned. The person for whom the shares were intended
did not come down, and they were accordingly sold out
against the plaintiff at 191. 10s. per share. BT the action the
plaintiff sought to recover the difference of price which he
had had to supply, and his commission on the purchase.
The verdict was given for the amount of the commission,
with permission to move for leave to add 851. to the verdict.
—Rule granted.

Till QUEEN V. THE MAYOR AND ALDERMEN OF BATH.
Mr. PHLNN moved fur a rule to show cause wby a man-
damus should not issue, directed to the mayor, aldermen, and
assessors of Bath, commanding them to receive a vote ten-
dered for Mr. Robert Crutwell as town-councillor.
The circumstances under which the motion was made
were these the usual election for the two vacant offices
of town-councillors, Mr. Archer, Mr. Lutman, and Mr. Crut-
well were the candidates. MrArcher. polled 212 votes, Mr
Lutman 212, and Mr. Crutwell 210. "It appeared afterwards
upon examination that Mr. Lutman had polled three per-
sonated votes, and Mr. Crutwell had polled one, making
both numbers 209. Subsequently one of the par-
ties who was personated in voting for Mr. Lutman
came forward and wished to vote fin Mr. Crutwell,
The mayor, alderman, and assessors refused to receive the
vote, on the ground that be hao already voted. It was in
vain that they were reminded that he had only been per-
sonated : they persisted in refusing to receive his vote. Mr.
Lutman had since been removed by a quo warranto, and the
mandamus was sought for to compel the mayor to receive
the vote for Mr. Crutwell and declare him elected.
Rule nisi granted.

BAIL COURT.—(THIS DAY.)
No case of any public interest occurred in this court during
he day.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
JENKINS AND OTHERS V. MORRIS AND OTHERS.
Mr. COWLEY moved for a rule to show cause why a new
trial should not be had in this case which was tried at
Liverpool before Baron Rolfe. It was an action for a bill of
exchange for 34/. Is. and the verdict went for the de-
fendant. lie did not complain of the direction of the Learned
Judge, or the finding of the jury, but contended that there
should have been a joint interest in the bill as far as the de-
fendants were concerned, and this was not the case, therefore
the acceptor of the bill had no right to bind the defendants
who had no interest in it. The Learned Counsel cited
several cases in support of his argument, and submitted
that in point of law his rule should be granted.
The COURT would take time to consider.
MASON ti. OWEN.
This was an action on a policy of insurance on the ship
Johanna, which was tried before the Lord Chief Baron at
Guildhall, when a verdict was entered fur the plaintiff.
The ArronxF.Y. GENERAL moved for a rule to show cause
why the verdict should not be entered for defendant, or for
a non-suit, or that a new trial should be had. There had
been a former policy of insurance effected from 26th of
October, 1844, to September, 1845, a time policy at ten
guineas premium, and the policy in question was to com-
mence from the expiration of the former policy, tilt the
arrival of the ship at Memel. Thetis were several pleas to
the declaration. Ile first was non aasumpsit, the second
fraud and misrepresentation, and the third deviation.atTthhee
Learned Counsel contended, at ccnsiderable length,th
policy was not a time policy but a voyage policy.
The Court would take time to consider.

COMMON PLEAS.---(THIS DAY.)
(Sittings in Banco.)
COR V. 111:133ARD.
This was an action brought to recover the price of a bolt-
ing drum and a wheel for a threshing machine, and was tried
before Baron Parke at the last Coventry assizes, when a
verdict was entered for plaintiff for 20/.
Mr. KNoWLI moved for a rule to show cause why the
verdict should not be set aside, and a new trial had, on the
ground of the misdirection of the Learned Judge, lid the
verdict being against evidence.
The COURT took time to consider.

SECONDARIES.--(THIS DAY.)
(Before Mr. Secondary Pon'F.a.)
CLAY V. TID3IPSON.
This was an inquiry to assess damages in an action
brought on a guarantee, defendant not having put any plea
on the record.
The plaintiff's ATTORNEY said that the action was brought
on a guarantee given to stay proceedings in a previous action.
In August, 18-13, the plaintiff advanced a sum of money to a
person of the name et Akehurst, on mortgage of some pro-
perty, but as the money was not repaid an action Wag
brought, on which the present defendant applied on behalf of
Akehurst for an extension of the time, guaranteeing the
payment of the mortgage debt and costs then due, with into:
rest thereon, in six months ; that time had now elapsed, and
as the defendant's guarantee had been broken it was neces-
sary to
to bring the present action, not to increase costs, butand
better secure the plaintiff. The sum claimed was 100 L,
interest.
The SECONDARY said the interest amounted to a little

more.
The ATTORNEY—We leave the income• tax out of the ac-
count; he can pay that, fur we have not yet got the incomQ,
and don't wish unnecessarily to debit ourselves.
The SECONDARY asked whether the guarantee was set out
on the record? It not, it would be necessary to prove it.
When a defendant neither pleaded nor attended, it was very
necessary to have strict proof.
The plaititiff Asr =NAY gaid that the declarAtiOn 4ot forth

DESTRUCTION of the DROGHEDA
STEAMER, G RANA IJILE.-LOSS OF FORTY

LIVERPOOL, TEtt7III3DAT.
We de(ply regret to announce that the steamer Royal
Albert, at this port this morning, from Dublin, reports
the destruction of the steamer, Grana Uile, plying be-
tween this port and Drogheda, by fire, on Wednesday
morning.
_ _

The Grana Uile left this port on Tuesday night,
at nine o'clock P.M., with about eighty souls on
board, and had not proceeded more than a third of her
voyage, when she was discovered to be on fire ; and so
rapid were the flames, that she was burnt to the water's
edge, and sunk before 6 A.M. About forty lives were
saved by a fishing-boat, which fortunately came to their
assistance ; nem ly as many more were lost, including
her commander, Captain Bowden, who has left a wife
and four children. We exp.,ct to receive further parti-
culars this evening.

TilE RIVAL OPERAS.
TO THE EDITOR OF THE SUN.
Sin,—When in the autumn of last year, the musical corn.
munity was rife with the then newly-projected Italian Opera
at Covent- gamen Theatre, it was announced that a great re-
duction would take place in the price of admission ; it was
trempeted forth that the opera would be on a scale of perfec-
tion hitherto unknown in this country, and that the ballet
would be equal, if not superior, to that at her Majesty's
Theatre. I certainly admit that there is nothing to be said on
the score of the opera, but all has turned out nothing better
than moonshine ; a bait to catch at popularity ; a pledge
which, I insist, has not been redeemed. The prices are not
one penny less than at the rival house, except for a few of
the boxes on the fifth and sixth tiers. These are sold at
two guineas, which, by the bye, except on extraordinary
occasions, is the same as in the Haymarket. The stalls are
the same; the pit a trifle lower, it is true ; but this reduc-
tion is more apparent than real, for we all know that the
two extra tickets reserved out of each box by the
booksellers, and there are upwards of four hundred of
these, when all the boxes are sold, are always to
be had at eight shillings and sixpence. The am-
phitheatres are an improvement, 'but the prices are too
high, being twelve and seven shillings, and not better than
the gallery stalls at the opera, sold at five shillings ; and they
are badly constructed and obscure ; on the third seat one is
obliged to stand up to see over the beads of those in front.
The same may be said of the gallery, it is not one-third, nay
one-fourth, the size of that of the other house, and on the back
seats the stage is quite invisible. Evidently this theatre has
been constructed to run down the other house, and oc-
cupy its position with all the exclusiveness attached to it.
If, as I pretend, this be the object in view, I predict a
most lamentable failure. The aristocracy will not
abandon their habits and their old haunts, their
fashionable lounge and 'their admirable ballet, their
affections are not for music as an art, they prefer a
caper to a roulade, and the Pas des 'Messes to the best over-
ture that ever was written. If the ballet is not worth caring
for, let it be abandoned; if, on the contrary, it be considered
indispensable, spare no care or expense to induce the public to
stay to see it, tbr at present no sooner is the opera over than the
theatre is almost empty—such was the case last Saturday,
when the only good dancer they have, Mademoiselle Baderna,
made her debut. In my opinion the managers have been led
away by a false idea; they want to overthrow the old dy-
nasty; they will not succeed ; let them, on the contrary,
apply to a different public—the middle classes--the million,
who really love music as an art; let them lower their prices
to suit the pockets of these, and success is certain.
A LOVER OF MUSIC.

Her Majesty the Queen has been pleased to give a
donation of OW. in aid of the funds of the Royal Orthoi ce.lic
Hospital. Mr. George Edward Anson, accompanied by his
brother Mr. Frederick Anson, visited the hospital yesterday,
k,nd expressed himself highly gratified with its internal
arrangements.

His Royal Highness Prince Albert honoured the
Exhibition of the New Society of Painters in Water Colours,
at their Gallery, 53, Pall-mall, with a visit yesterday after-
noon, immediately after her Majesty's drawing-room. His
Royal Highness expressed much interest in the steady pro-
gress of this society. He was accompanied by the Hon.
Captain Gordon.
ACCIDENT ON THE GREAT WESTERN RAILWAY.—
Shortly atter the express train, which left Bristol for London
at forty-one minutes past one o'cloc'c yesterday, passed the
Pa,,gbourne station, the spring of the driving wheel broke,
and the train had to be stopped until it was repaired. While
it was thus detained the approach of another up-train, which
it had passed at the Didcot station, and which was on the
same line, was announced by the engineer's whistle. The
dread of a collision operated so fearfully upon the passengers
of the express train, that they jumped out of their carriages,
and immense confusion was the result, which was, however,
calmed when they found that the other train had stopped, and
would be detained until the injury to their engine was repaired,
which was effected after the delay of half an hour, after which
both trains proceeded on their way, and reached the Pad-
dington station without further interruption.
SOCIETY FOR THE RELIEF OF FOREIGNERS IN
Dismiss. —The friends and patrons of this praiseworthy in-
stitution celebrated their annual festival last evening, when
about one hundred gentlemen sat down to an excellent
dinner, at the London Tavern, Bishopsgate-street. In the
absence of the Duke of Cambridge, whose inability to attend
from indisposition was a subject of much regret, H. Labou-
chere Esq., occupied the chair. After the cloth was drawn,
the chairman, in pro sing thelootat, of,. the caching. "Pro- ,
sperity to the society," stated that, since its establishment,
which is nearly forty years ago, the funds of the charity had
been applied to rescue a great number of distressed foreigners
from the destitution into which, without its aid, they would
have been plunged, and that at the present moment there
were no lees than eighty pensioners receiving regular relief
from its funds, besides is considerable number of individuals
who were receiving occasional relief. The subscription list,
which included a donation of 100/. :from her most gracious
Majesty the Queen, 2001. from the directors of the Bank of
En_land, &c., amounted to nearly 1,3001.
AMERICAN RELIEF F')lt IRISH DISTRESS.--The
United States ship-of- war Jamestown, arrived in Cork on
the 12th instant, laden with bread stuffs and provisions for
the relief of the distress in Ireland. She sailed from Boston
on the 26th ult., but the news of a political nature which she
brings is superseded by that of a more recent date, which
will be found in another column.

NAVIGATION LAWS.—The Select Committee ap-
pointed to inquire into the operation of the navigation
laws resumed their sittings yesterday morning in Room
No. 2, the members present being the Right Hon. Mr.
Milner Gibson (chairman), Admiral Dundas, Sir G. Clerk,
Mr. Liddell, Mr. Macarthy, Mr. Lyall, Mr. Mitchell,
Mr. Hume, the Hon. Mr. C. P. Villiers, and Sir Howard
Douglas. The only witness examined was Mr. John
Breysler, director of the customs in the port of London.
Our space to-day does not allow us to give the evidence in
detail.

Y-srerday a Court of Directors was held at the
East India House, when the new directors elected on Wed-
nesday last, viz., William Butterworth Bayley, Esq., Rus-
sell Ellice, Esq., Major-t3eneral Archibald Galloway, LB.,
Sir Richard Jenkins, G.C.8., Ross Donnelly Mangles, Esq.,
ALP., and John Mastetman, Esq . Al. P., t-ok the oath antitheir seats. Henry St. George Tucker, Esq., was chosen
chairman, and Lieutenant-General Sir James Law Lushint:-
ington. G.C.8., deputy chairman, for the year ensuing.
DEATH OF THE HON. JOHN ItiODNEL—We have to
record the demise of this venerable gentleman, who for 80
many years filled the office of Chief Secretary to the Govern-
ment of Ceylon. He died at Boulogne on the 9th instant, at
the advanced age of 82.
.d(RforMsuAgßarKEdTu,rinAgPEthleL
wlese.k7aTnhderneeahralys
Ra
fairT o LdeSmUaGn
been
the whole of the West India supply has been taken all at a
reduction of one
shilling per cwt. £he remaining sales con-
sist of 1,200 bags Bengal, and 2,000 boxes Havaunah, at
about the same reduction. Further supplies of West India
sugar may be shortly looked to. No inquiries for rum.—
Bristol Gazette. •

INDIAN AND CHINA PRODUCE —That perfectly
mirrored casket—Everingtoa's. upon Ludgate- hill—perhaps
never displayed a more gorgeous arrangement of almost un-
attainable excellencies, than at the present, the extended
front exhibiting to wondering eyes the rarest of foreign
workmanship—splendid to a degree! Amongst these are
the shawls commissioned by the Queen, and many rare
scarfs and dresses, each of which of the value of a little
fortune. Those who affect connoiseurship in fabrics of this
high class pronounce these specimens to be the richest ever
imported in Englard ; and the pilgrimage daily made by the
titled from the West may be presumed a corroboration of
such judgment. The display in the window, it may be ob-
served, is in perfect harmony with the whole of the establish-
ment ; what, then, must be the notion of those who have not
the entrée into aristocratic life of the riches, magnificence, and
luxury.ot our country, if, in the house of a mere shopkeeper,
evidence of this wealth is to be met with in such extraordi-
nary profusion?

DEATH OF COLONEL FULFORD.—Our obituary this
week ri cords the death of Colonel Fulford. Without

ndulging in any lengthened pan, gyric of his manyex
cellent qualities we may venture to say of him, in brief,
that as no man was more respected in his lifetime so no
man will be more regretted in his death. Estimable and
exemplary in all the relations of private life—indefatig-
able and forbearing, in the discharge of his public duties
—unpretending in 'his manner, conciliatory in his dispo-
sition, and unostentatious in his charities—he was a good
neighbour, a good landlord, and a warm friend. Colonel
Fulf Td's nawe was held throughout this county in uni-
versal respect. Ile was for many years Lieut.-Colonel
of the East Devon militia, chairman of the quarter ses-
sions, and chairman of the Exeter turnpike trust. From
these more prominent positions he had for some time
retired, but he continued to attend to public business
down almost to the very period of his decease. The
family of Fulford is of Saxon origin, and held Folefort,
as it is written in Domesday Book, from which place the
name is derived. Here, as it appears by records,
as by registries in the College of Arms,
in the time of Richard 1., and have continued itnerrupted
posses-
sion of the same name in the male line, by uninterrupted
600 years.
descent, during the long period of more
ethfor Charles I.
they were asw
seated e
Their mansion house was once garrisonedm
in Decemuer,
and was taken by a part of Fairfax's
1645. Many knights of the family
them-
selves in the Holy BaldwinLand—Siuriforwas one of the knights
particularly. Sir Thomas, F
rd army,
Fu fd
in the ear 1497. In
NI, sr beck,
when besieged by Perkin
it may with truth be said we
who went up with the Earl of Devon to relieve Exeter,
the death of this gentleman
the
.‘ Worthies of Devon."—
' indeed, I,st or.e o
ve, in
We..tern Luminary-
MELANCLY S:
Mackenzie,Tll bound to Islay
U RSO, APRIL 9.--
AI
The brig Salem (aptaiu
Inverness, with barley, came into Thurso Bay on the
morning 0
froni I-
of the Bth, and brought up in a bad place. The
wind blew 4rong from the south-east, but at ten A.3f. it
veered round to the west, or rather W.N.W., and blew a
perfect hurricane. The vessel stood out well till the evening,
when she unfortunately parted from her anchors, and drifted
towards the east of the Dunnet sands, where she struck, and
almost instantly went to pieces, all hands having perished.—
Edinburgh Witness.
NATURALISATION OF TIIE DUKE DE RIANZAREB.
On Monday last the letters patent whereby the Duke de
Rianzares ( Munoz) has become a naturalised Frenchman,
under the title of the Duke de Montmoro, were enrolled in
the Cour Royale. M. Moreau de la Rochette was also ad
witted to take the oaths prescribed by the_ charter on his
being created a baren.--Galignani.

all the facts, which, of course, defendant admitted by not
pleading.
The jury gave a verdict for 717/. damages.
There was only one other case, an undefended inquiry,
"Beaver v. Price," for money lent. A verdict was given tor
37/. 10s., the amountclaimed.