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

QUEEN'S BENCH.-(THIS DAY

POLLOCK V. STABLES.
Mr. BAINES stated that in this case, which was tried at
York before Mr. Baron Alderson, a verdict was given for the
plaintiff for 21. lOs., with leave being given to him to move
to add the sum of 85/. to the amount given by the verdict.
The action bias originally brought for money paid, and tbr
commission as a sharebraer—the only plea being non as-
sumpsit. The 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,
184 b, the defendant inetrusted 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 with the universal practice, he entered
into the contract in his own name. The price of the shares
was at that time 28r. 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 111 lOs. per share. By 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.

S%
64
72
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THE QUEEN v. THE MAYOR AND ♦LDERMEN OF BATH.
Mr. nu:ix moved fur a rule to show cause why 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 :—At the usual election for the two vacant offices
of town-councillors, Mr.. Archer, Mr. Lutman, and Mr. Crut-
well were the candidates. Mr. Archer 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 for Mr. Crutwell,
The mayor, alderman, and assessors refused to receive the
vote, on the ground that he bad 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
the 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 84/. Is. 5d., and the verdict went for the de-
fendant. He 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 bad 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 Cousrr would take time to cowsider.
MASON V. 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 for the plaintiff.
The ArrouNEY- 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, till the
arrival of the ship at Memel. There were several pleas to
the declaration. the first was non a3sumpsit, the second
fraud and misrepresentation, and the third deviation. The
Leased Counsel cntended, at c. nsiderable length, that the
policy was not a time policy but a voyage policy.
The Court would take time to consider.

COMMON PLEA S.- (THIS DAY.)
(Sittings in Banco. )
oix v. HUBS lAD.

This was an actio:i breught to recovea the price of a bolt-
ing drum and a wheel for a threshing machine, and was tried
before Baron Nike at the last Coventry assizes, when a
verdict was entered for plaintiff for 20/.
Mr. KNoWLEs moved for a rule to show cause why the
verdict should not he set aside, and a new trial had, on the
ground of the misdirection of the Learned Judge, and the
verdict beingagainat evidence.
The COURT took time to consider.

SECONDARIES.-(THIS DAY.)
(Before Mr. Secondary POTTER.)
CLAY V. TIL)DITSON.
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, 1843, the plaintiff advanced a sum of money to a
person of the name of Akehurst, on mortgage of some pro-
perty, but as the money was not repaid an action was
brought, on which the present defendant applied on behalf of
Akehurst for an extension of the tune, guaranteeing the
payment of the mortgage debt and costs then due, with inte-
rest thereon, in six months ; that time had now elapsed, and
as the defendant's guarantee bad been broken it was neces-
sary
to bring the present action, not to increase costs, but to
better secure the plaintiff. The sum claimed was 7001., and
17i. interest.

The SECONDARY said the interest amounted to a little
more.

The Arrommr—We leave the income• tax out of the ac-
count; he can pay that, for we have not yet got the income,
and don't wish unnecessarily to debit ourselves.
The SECONDAXY asked whether the guarantee was set out
on the record? If not, it would be necessary to prove it.
When a defendant neither pleaded nor attended, it was very
necessAry to have strict proof.
Tin plaintiff '5 Alrozerzr t aid that the behind%) vet forth

A LOVER OF MUSIC

Her Majesty the Queen has been pleased to give a
donation of 501. in aid of the funds of the Royal Orthoucelic
Hospital. Mr. George Edward Anson, accompanied by his
brother Mr. Frederick Anson, visited the hospital yesterday,
and 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 after the express train, which left Bristol for London
at forty-one minutes past one o'cloec yesterday, passed the
Pangbourne 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
DISTRESS. —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 tha Duke of Cambridge, whose inability to attend
from indisposition was a subject of much regret, if Labou-
chere Esq , occupied the chair. After the cloth was drawn,
the chairman, in proposing the toast of the evening. "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 foreigner,
from the destitution into which, without its aid, they would
have been plunged, and that at the present moment there
were no less than eighty pensioners receiving regu'ar relict
from its funds, besides a considerable number of individuals
who were receiving occasional relief. The subscriin ion list,
which included a donation of 100/. :from lier most gracious
Majesty he Queen, 2001. from the directors of the Bank of
&c., amounted to nearly 1,300/.
AMERICAN RELIEF F'llt IRISH DISTRESS.— -The
United Stares ship-of- war Jamestown, arrived in Cork on
the 12th irvtant, laden with bread stuffs and provisions fit
the relief of the distress in Ireland. She sai;ed from Boston
on the 2tith but the news of a political nature which she
brings is superseded by that of a ink.re 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 Dunetas, 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.

Yesterday a Court of Directors was held at the
East India House, when thn new directors elected on Wed-
nesday last, viz., William Butterworth Bayley, Esq., Rus-
sell Ellice, Esq., Major-general Archibald Galloway, C. 8.,
Sir Richard Jenkins, G.C.8., Ross Donnelly Mangles, Esq.,
M.P., and John Maste' man, Esq , 111. P., t.ok the oath and
their seats. Henry St. George Tucker, Esq., was chosen
chairman, and Lieutenant-General Sir ames Law LushinL-
ington, G.C.8., deputy chairman, for the year ensuing.
DEATH OF THE IloN. JOHN itODNEY.--We have to
record the demise of this venerable gentleman, who for so
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.
BRISTOL SUGAR MARKET, APRIL 15.—There has,
been a fair demand for sugar during the week, and nearly
the whole of the West India suppl=y has been taken eff at a
reduction of one shilling per cwt. Ile remaining sales con-
sist of 1;200 bags Bengal, and '2,000 boxes Havannah, at
about the same reduction. Further supplies of West India
auger may be shortly looked to. No inquiries for rum.—
Bristol Gazette.
INDIAN AND CHINA PRODUCE —That perfectly
mirrored casket—Everington'a, 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 England; 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 of 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.—OUT obituary this
week records the death of Colonel Fulford. Without
indulging in any lengthened panegyric of his many ex
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 of private lile—indefslig:
able and forbearing In the discharge of his public duties
—unpretending in his mariner, conciliatory in his dispo-
sition, and unostentatious in his charities—he was a good
neighbour, a good landlord, and a warm friend. Colonel
Fulfurd's name was held throughout this county in uni-
versal respe:•ct. He 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 Sax,.:n 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 wtll
as by registries in the College of Arms, they were seated
in the time of Richard 1., and have continued in posses-
sion of the same name in the male line, by uninterrupted
descent, during the long period of more than 600 years.
Their mansion house was once garrisoned for Charles
I.
and was taken by a pan of Fairfax's army, in December,
1645. Many knights of the family distinguished them-
selves in the Holy Land—Sir Baldwin de Fulford more
particularly. Sir Thomas Fulford was one of the knights
who went up with the Earl of Devon to relieve Exeter,
when besieged by Perkin Warbcck, in the year 1497. In
the death of this gentleman it may with truth be said we
have, indeed, lost olio of the " Worthies of Devon,"—
Weidern Luminary.

MELANCHOLY SIIIPWRECK.-THURBO, APRIL 9.-
The brig Salem Ave' Captain Mackenzie, bound to Islay
from Inverness, with barley, came into Thurso Bay on the
morning of the Bth, and brought up in a bad place. The
wind blew strong from the south-east, but at ten A.M. it
veered sound 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 dritted
towards the east of the Dunnet sands, where she struck, and
almost instantly went to pieces, all hands having perished.—..
Edinburgh Witness.

NATURALISATION Or THE DUKE DE RIANZARES..---
On Mcnday last the letters patent whereby the Duke de
Rianzares (~t. 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
mined to take the oaths prescribed by the. charter On 1115
being-created a baron.--GrArtani.

all the facts, whieb, of course, defendant admitted by not
pleading.
The jury gave a verdict for 7171. damages.
There was only one other case, an undefended inquiry,
"Beaver v. Price," for money lent. A verdict was given for
37/. 10s., the arnountclaimed.

DESTRUCTION of the DROGHEDA
STEADIER, GRANA VILE.-LOSS OF FORTY
LIVES.

LIVERPOOL, THURSDAY.
We deeply regret to announce that the steamer Royal
Albert, at this port this morning, from Dublin, reprts
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 that► a third of her
voyage, when she was discovered to be on fire ; and so
rapid were the flumes, 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 ; neatly as many more were lost, including
her commander, Captain Bowden, who has left a wife
and four children. We expect to receive further parti-
culars this evening.

TdE RIVAL OPERAS.
TO THE EDITOR OF THE SUN.
Sts,—When in the autumn of last year, the musical com-
munity was rife with the then newly-projected Italian Opera
at Covent-garden Theatre, it was announced that a great re-
duction would take place in the price of admission ; it was
trumpeted 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. 1 certainly admit that there is nothing to he said on
the score of the opera, but all has turned cant 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 tew 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
hi h, 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 heads of those in front.
The same may be said of the gallery, it is not one-third, nav
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 Diesses 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, for 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 l3aderna,
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.