The Sun.
London, England, 1847-05-06 00:00:00

'GROUP LL

The Committee met to-day at twelve o'clock ; Sir J. Y.
Buller, chairman.

NORTH BRITISH.

Mr. Dudgeon, farmer, near Kelso, corroborated the evi-
dence given yesterday by Mr. Rutherford, as to the expe-
diency of connecting Hawick and Carlisle by a railway
which would give the agricultural districts of Roxburgh and
the neighbouring counties the advantages of lime and coal,
from which they were at present debarred, and from the want
of which they suffered so severely.
Mr. William Soon, cattle dealer, St. Boswell's, gave evi-
dence as to the great accommodation which the opening cf
the Hawick and Carlisle continuation of the North British'
line would give to the dealers in his neighbourhood, by les-
sening the cost of transit to the great markets of the
north of England, namely, Liverpool, Manchester, Leeds,
and Newcastle. He was obliged at present to send his
stock for the former markets round by Glasgow, or through
Hawick to Annan, there to be shipped. This mode of con-
veyance necessarily involved a great cost, and much loss,
from the over-fatigue to the cattle and the detention at the
ports before they could be got to sea.
Mr. Wallbank, cattle-dealer, Keighley, West Riding of
Yorkshire, said that if the railway from Hawick to Carlisle
were finished, he should at once take his cattle to the latter
town, and thence on to the markets of the West Riding by
the Lancaster and Carlisle Railway.
Mr. Mark Tumbril], miller, Melrose, gave evidence in fa-
vour of the line, as tending to increase the consumption of
grain in the district. There were two distillers at Lang-
holm, who consumed large quantities, but they were unable
to supply the orders they received from the country between
Ilawick and Carlisle, because they could not get carts to
convey the produce to its destination. If the railway were
completed this objection would be done away with.
Mr. J. D. Carr, miller and baker, Carlisle, proved that he
could get his grain cheaper in the markets around Kelso if
this line were completed to Carlisle, instead of purchasing it
at Newcastle, and bringing it down by the Newcastle and
Carlisle Railway. He paid the latter railway about 600/. per
annum for carriage.
Mr. Walter Wilson, manufacturer, Hawick, spoke to the
advantage which the opening of the line would give to
llawick, as giving a ready means by which they might get
their wool, at the same time affording a ready transit for the
exported article to the southern markets. It would also
give them a ready access to the Canobie pits, and this lessen
the price of coal in the country.
Mr. John Laing, manufacturer, Hawick, corroborated the
preceding evidence.
Mr. Ronald, woolbroker, Liverpool, said that he had found
it exceedingly difficult to get his wool to Hawick and Gala-
shiels ; the market had therefore not been so profitable as it
would be if there had been railway communication.
Mr. Robert Gill, manufacturer, Galashiels, spoke to the
increased manufactures of that town, and the necessity for a
communication between the centre of these manufactures
and the English markets.
The Committee adjourned at four o'clock.

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice COLERIDGE.)
THE QUEEN V. SI'LNKS.
Mr. I'l ALMER said his Lordship would recollect that, in
this case, the defendant, who was a highly respectable master
builder resident in Norwich, had been committed to gaol to
take his trial at the next assizes on a charge of manslaughter,
in having caused the death of a female, aged 87 years, by
driving a cart over her, on his return from a neighbouring
market. A writ of certiorari had been already granted to
bring up the depositions taken before the Coroner, and a rule
calling upon the magistrates to admit Mr. Spinks to bail in
the country. The depositions were now in Court.
Mr. Justice CounuDGE—ls there any opposition to your
application ?
Mr. PALMER—No, my Lord.
Mr. Justice COLERIDGE wished to have the evidence taken
before the coroner handed up to him. Having perused it, he
said that it appeared that the prisoner was driving very fast,
and that:he did not stop after the accident occurred.
Mr. PALMER said, that the prisoner was not driving at the
rate of six miles an hour.
Mr. Justice COLERIDGE then directed that the prisoner
should be admitted to bail, himself in the sum of 501., and
to find four sureties of 151. each, to take her trial at the next
Norfolk assizes.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
Several motions of unimportant interest were disposed of
during the morning.
A long discussion arose as to a point of practice-under the
new rules which have been issued, judgment upo❑ which
has been for the present deferred.
The Court then took up the new trial paper, with which it
was occupied for the rest of the day.

COMMON PLEA S.-(THIS DAY.)
(Sittings in Banco.)
The Court was occupied all day in hearing motions, and
determining arguments as to points of practice, but nothing
important came under the notice of the Court.

SHERIFFS' COURT.—(THIS DAY.)
(Before lib. Under-Sheriff BVECUELL.)
sass v. PARKER.

all
This was an *anisover damages for an illegal distress.
The defendaalb 110 a broker and auctioneer, suffered
judgment to go bp ult.
Mr. HAwauss appeared for the plaintiff (a Capt. Hobbs),
who had occupied a beer-shop called the " Pleasure Boat," in
the Lea-bridge-road. The Learned Counsel said that the
plaintiff, having occupied the house during the summer
season of 1845, shut up the place in October of that
year for the winter, as no "boating" was going
on. At that time he left several boats in the
dock, together with chairs, tables, and the ordinary fixtures
of a public- house ; but on the 9th of November, without any
notice having been given, or the key demanded, the defen-
dant, wider the authority of Mr. Brown, the landlord, broke
into the premises and seized the property, under a distress
warrant, for 12/. 10s. The Learned Counsel said that the
main question for the jury would be, whether the goods had
been sold at a fair price.
The UNDER- SHERIFF said, that if the goods were sold in the
open market, the price fetched would probably be considered
their fair val4e.
Mr. Brookman, aukuctioueer, was called, and said that
there had been 20 boats in the dock. One (a galley) was
worth 10/. ; the worst would fetch 2/. 10s. ; the total value
of the boats and fixtures bought by the plaintiff, when he
took possession of the house, was 931. .
Sewell was called— He was a boat-keeper on the Lea,
and bought the galley for 275. He considered it worth 4/.
He had bid 295. for the beer-engine, and had since offered
4/. for it; it was sold for 21. 108. He considered the sale very
fair, and he was quite satisfied, as he had got a good bargain.
Mr. CHARNOC;X, who appeared for the defendant, urged
that there was no proof of the trespass by the breaking and
entering into the house, and the goods only fetched 13/. 2s. Bd.,
although the rent due was 121. 10s., and the costs and ex-
penses made a total of 15/. 2s. 2d.
The UNDER-SHERIFF said he did not consider that the
expenses could be urged in mitigation. Defendant had ad-
mitted he had done wrong, and could not charge for that
wrong. The question was, the difference between what the
goods were sold for and what they ought to have fetched.
Mr. CHARNOCK said he would show that the goods had
been properly appraised, and had been fairly sold at public
auction.

Evidence was then adduced, on behalf of the defendant, to
show that the prices at which the goods had been sold were
such as an auctioneer ought to take; the boats fetched, on
the average, Bs. each.
Mr. flAwkws, in reply, said that the trespass was ad-
mitted by the default of plea, and contended that under the
count for trover the plaintiff was entitled to the full value of
the goods, and that the amount of the rent said, but not
proved, to be due, ought not to be deducted from the amount
of damages.
The Learned UNDER-SHERIFF said, that at first he was of
opinion that the expenses of the levy, &c., could not be taken
into consideration in the verdict; but having read the record,
he considered that those counts which, it was urged, bore ad-
misions, ought also to bear explanations, therefore he would
admit evidence as to the whole of the declaration. He con-
sidered that the jury should take the rent due and the ex-
penses into consideration, then adduce from the evidence the fair
value of the property seized, and give a verdict for the plain-
tiff for the difference, if in his favour. At all events the
defendant, by suffering judgment to go by default, had sub-
jected himself to a verdict for nominal damages.
The jury gave a verdict for 101., over and above the rent due.
The case lasted four hours.

IMPERIAL PARLIAMENT
(THIS EVENING.)

HOUSE OF LORDS.

The LORD CHANCELLOR took his seat on the Wool.
sack at Five o'clock.
Messengers from the Commons brought up severa'
Bills.