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

Tn E SITN, LON DON,

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 other wise
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 Wll3 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 INTELLIGENCE.

NEWMARKET SECOND OCTOBER MEETING.

DIONDAY.

Match, 300, 100 ft; 7st 10lb. First half of Ab. M.
Duke of Bedford's Fistiana received forfeit from Mr.
Ford's Shabzadee, and walked over.

Sweepstakes of 50 sovs. each, 30 ft; for three yrs old
fillies. D.M. (12 Subs.)
Duke of Bedford's Bridle, Bst 4th ... walked over
Sweepstakes of 10 sovs. each; fur two yra old, 6st 71b;
three, Bst 416; four, Bst 1216; fire 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 Headman, 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, 9 to 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, Blackeock, 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. Osbaldestou's Vice Consul, 7st 131 b.

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

... 3
... fell

The Two Yrs Old Stakes of 25 sous. each, 10 ft, with
25 added; fur colts, Bst 51b; and fillies, Bst 21b. Three
quarters of a mile. (7 Subs.)
Mr. M. Davvson's Liston
Mr. Merry's Aspasia
Won by three parts of a length.
Her Majesty's Plate of 100 guineas. Four miles.
Mr. Meiltlatu's Lightning, 6 yrs, lOst (Templeman) 1
Mr. Merry's Pilot, 5 yrs, 9st 91b 2
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. Pettat)
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
Mr. Wilson's Bessy Bell, 4 yrs, 9st 711)
Won by half a length.
Plate of 501. Heats. Two miles.
Binnie's Titus Oates, 4 yrs, 7st 10Ib
Merry's Badinage, 5 yrs, 7st 111 b
Meildam's Susanna, 3 yrs, 6st 41b
Wilson's Bossy Bell, 4 yrs, 7st 71b

Mr.
Mr.
Mr.
Mr.

... ... (J. Duncan) I

Three well•cuntested heats.

... 1 3 1
2 1 2
... 4 2 3
... 3dr

A Sweepstakes of 5 sovs. each, gentleman riders,
catch weights, half a mile, (4 subs.). was won by Mr.
Fairlie's Zt.la, 4 yrs (Captain Pettat) beating Giraffe,
Fair Jane, and Lurd Ailsa s b g by half a length.
The Produce Stakes of 50 sovs. each, 2 ft. Two miles.

(2 Subs.)
Sir J. Boswcll's Marianne, Bst ...

... Walked war.

NAVAL INTELLIGENCE.

MALTA, OCT. 4.—The three line-of-battle ships
still remain in port, and will not quit it until the
three large vessels from the Pirreus have arrived here.
It is then thought that the fleet will sail together for
a cruise to the eastward.

Her Majesty's ships Rodney, Albion, and Van-
guard have left the Pirmus of Athens on the 21st
ult., and may consequently be hourly expected to
arrive in this port.
Her Majesty's ships Canopus, 84, the Thetis fri•
gate, and the Sidon steam-frigate, have left Lisbon
for Malta, and may be hourly expected here to join
the Admiral.

The screw steamer Levantine, from Liverpool, ar-
rived here in safety on the 24th ult., having, in con-
sequence of the accident which we recently described,
occupied 35 days on her passage. She pursued her
voyage to the Levant on the following day.
The French steamer Egyptus, from Beyrout and
Alexandria, arrived here on Friday last, and con-
tinued her route to Marseilles direct on the same
evening.
The Peninsular and Oriental Company's steamer
Ariel arrived in port on the 25th ult. with the India
mail and passengers from that country. They were
immediately transferred to the Tiger. The Ariel is
now performing her quarantine.
The French steamer Cerbere, having finished her
quarantine, left port on the 25th ult. for Tripoli and
Bengasi.

Her Majesty's steamer Volcano, with that portion
of the Indian mail dispatched through France, via
Marseilles, left port on the afternoon of the 25U:ult.
for Marseilles direct.

The French Government steamer Pericles, from
Marseilles and ports of Italy, arrived on the 27th ult.,
and on the afternoon of the same day continued her
route for the Levant.

The French Government steamer Caire, from Mar-
seilles direct, arrived on the above day, and proceeded
shortly afterwards on her voyage to Alexandria and
Beyrout.
The Peninsular and Oriental Company's steamer
Tiger put to sea early on the morning of the 26th
ult., with the mails and passengers which arrived here
on the preceding day by the Ariel. The Tiger re-
mained a few hours in port awaiting the arrival of her
Majesty's steamer Flamer with mails from the lonian
Islands and Greece.

The steamer Scotia left port on Monday last for
Tunis.
The French Government steamer Mentor, for Mar-
seilles and ports of Italy, left the harbour on the
26th ult.

The French steam-frigate Panama left port on the
28th ult., for Naples, with dispatches.
The French Government steamer l'Euphrate, from
Algiers, arrived on the 29th ult. in our port. She
is the first of the vessels intended to ply between the
coasts of Africa and Egypt, and carried 160 Arab
passengers.
Her Majesty's steamer Flamer, with the mails
from the lonian Islands and Greece, arrived in port
on the 27th ult. About six hours after her departure
from Corfu an accident occurred, which, but for the
zeal of her captain, his officers and men, might have
been serious, and even attended by fatal consequences.
Whilst the men were engaged at general quarters, an
awful report was heard from the engine-room. The
engines were immediately stopped, and the vessel
brought to the wind. It was then ascertained that
the connecting rod of the starboard engine had
broken in the lower joint-, and the end of it (the con-
necting rod) had broken through the top of the air-
pump cover, and also injured one of the valves ; the
disabled engine was immediately disconnected, and
the ship proceeded with one engine to Samos and
Patras. At the latter place the known defects were
made good in about three hours; the engines were then
tried, when it was found that the piston was cracked,
and having no spare one on board she was obliged
to proceed with one engine to Malta. The first en-
gineer displayed great zeal, remaining up the whole
night to get the air pump cover patched in such a
way as would take the ship to her destination ; it
was, unfortunately, however, of no service, as the
piston being cracked the starboard engine became
useless. The Flamer is under repair, and will pro-
bably be out of the hands of the dockyard authorities
about the 15th instant; but it is doubtful if she will
be able to carry on the next Indian mail to Mar-
seilles, as she will have to be tried after her repairs
are completed, and then take in her coals, which will
occupy her at least a day more. It is more than
likely the Indian mail will arrive here by the 13th at
the latest.

The French steam-packet Nil, which left Malta
on
the 14th, arrived at Marseilles on the 20th. She was
obliged by stress of weather to put into the Bay of
Diazancoun (Sardinia).
Her Majesty's ship Harlequin had quitted Smyrna,
and was watering at Vourlah, by our last adrices.
The Harlequin is destined, we understand, to relieve
the Fantome at the Piraeus.
After leaving the roadstead, on passing the nar-
rows, she took the ground, but got off again without
any injury.
Her Majesty's sloop Fantome arrived at Smyrna
on the 17th ult.
Her Majesty's ship Volage, Captain Graves, arrived
in the roadstead of Smyrna on the evening of the
16th ult.
Her Majesty's sloop Bonetta was paid off on the 16th
ult. by Lieutenant F. Robinson.
Her Majesty's steamer Hecla took pratique on Sa-
turday. It is thought she will proceed to Trieste in a
fortnight, and convey his Excellency the Hon. Sir S.
Canning to his post at Constantinople. She will also
carry a five months' provisions to the Meteor steamer,
and probably remain some time at the station under
orders of the Ambassador there.
The Indian mails (overland) arrived by the Ardent
on the 2d inst., and were conveyed to Alexandria on
the same day by the Hindostan, which arrived here,
via Gibraltar, on the Ist inst.
The Locust steamer left port yesterday with the
mails for Corfu, and also with copper for the Spitfire
steamer, which had been ashore at Patras, and provi-
sions for the Mutine brig.
The Peninsular and Oriental Company's steamer
Sultan is just arrived. She will proceed to England,
via Gibraltar.
A frigate from the west is announced. She is sig-
nalled as the Thetis. _ _

HALF-PAST THREE r.x.—The three line-of-battle

ships, the Rodney, Albion, and Vanguard, have made
their numbers. They are coming from the eastward,
and will moor about five o'clock. _

These last advices announced these ships to have
left Athens on the 21st ult.—a very doubtful cir-
cumstance if we consider the length of time occupied
on the voyage.
Thu Thetis has just come in. She came in with
her royals set (a light breeze blowing) and has fired
her salute.

DISTRIBUTION OF TIIE MEDITERRANEAN SQUADRON.

In Malta Harbour ;The Hibernia, 120, Captain
Peter Richards, C. 8., bearing the flag of Vice-Ad-
miral Sir W. Parker, Bart., G.C.8., the Commander-
in-Chief ; the Trafalgar, 120, Captain Nott ; the
Superb, 80, Captain Corry; the Ceylon, 12, receiv-
ing ship, bearing the flag of Rear-Admiral Sir L.
Curtis, Bart., second in Command and Superinten-
dent of Ilalt Dockyard; the Gladiator, war steamer,
Captain Rohb ; the Hecla, war steamer, Commander
C. Starmer ; and the Wee Pet steam tug.
On Surveying duty—The Volage, 22, Captain T.
Greeves, arid the Research, Lieutenant Spratt.
At Gibraltar—The Virago war steamer, Com-
mander J. Lunn.

At I3eyrout—The Spartan, 22, Commander A. E.
P. Wilmot.
At Smyrna—The Fantome, 16, Commander Le
Hardy.
At Constantinople The Meteor, Commander
Butler.
At Corfu—The Spitfire, Lieutenant J. A. Mac-
domald, and Mutine, 12, Commander Tryon.
En route from Smyrna to Athens, the Harlequin,
Commander Moore.
En route to Malta from the PirEeus of Athens, the
Albion, 90, Captain C. H. Fremantle; the Vanguard,
80, Captain G. W. Willes ; and the Rodney, 90,
Captain E. Collier.
The Bulldog steamer frigate, en route to Leghorn
and continental ports, on special service.
In Port—The Thetis frigate, 36, Captain H. J.
Cfadrington.