The Sun.
London, England, 1841-11-23 00:00:00

THE S!,N, LONDON, 'TVESDAY,NOVENBER 23, lB4l.

mitted that Mr. Charlton was not in the capacity to
be a relator in the present case, because he was not a
burgess of the borough. In order, however, to place
himself in the position of a relator he had set out the
ancient charter of the Corporation, and maintained that
his property of Ludford on the Herefordshire side of the
bridge was within the limits of the borough. That had
been done when he applied for the mandamus, calling
upon the Mayor of Ludlow to place him on the burgess
roll, but he had been met by the answer that Ludford
was not within the county of Salop, and that the Ma-
gistrates had no jurisdiction on the other side of the
bridge. He apprehended, however, that the Court would
not now try the question a second time, as Mr. CI-111'1-
ton had not tried it in the legitimate form by man-
damus.. His first objection, however, was that the
affidavit of Mr. Charlton as relator, was not ,in com-
pliance with the rule of Court of Hilary Term, 1839, in,
asmuch as he did not depose on oath that the application
for the quo warranto was made by him, and at his in-
stance. The affidavit said, that the rule would be made
at his instance, and, if the Court made it absolute, that
he should be deemed and taken to be the relator. Now
it was in the event of the Court refusing to make the rule
absolute, that it would be necessary for them to know
who the relator was, inasmuch as they would otherwise
be deprived of their costs.
The COURT wished to hear what answer there was to
that objection in the first instance.
Mr. KELLY submitted that the affidavit was in strict
compliance with the rule of Court, and that the relator
could not make an affidavit that a motion was made at
his instance a week before the application was brought
before the Court; he could only depose to it as a matter
that was to be done at his instance.

The COURT having decided that the affidaiit was iu
compliance with the rule of Court,
Mr. hnivis proceeded with his other objections to
the quo warranto, and cited the decision of the Queen's
Bench in the cases of the " Queen v. Fripp, Mayor of
Bristol," the " King v. Quail," and others, and sub-
mitted that there was no good ground for the present
application.
Mr. KELLY was heard in support of the rule. It had
been urged that Mr. Lechmere Charlton did not stand
in the proper.position to be a relator, not being an in-
habitant or householder of the borough ; but his affi-
davit set forth that he was of right a burgess. .That
had been met by the assertion that his house was not
within the limits of the borough ; but he submitted that
that was not the question which the Court was called
upon to try.
After hearing the arguments of Counsel,
. _ .

The COURT took time to consider its judgment.
THE QUEEN V. THE BIRMINGHAM AND GLOUCESTER

RAILWAY COMPANY.

This was a rule directed to the Sheriff of Warwick-
shire, commanding him to review his taxation of the
costs incurred at an inquisition taken on the 19th of
June, for the purpose of assessing the sum to be paid by
the Birmingham and Gloucester Railway Company to
the plaintiff, Mr. Parkes, for certain land belonging to
him, and which had been taken for the purposes of the
Railway.
The ATTORNEY-GENERAL now appeared
.to show
cause against the rule. The affidavit on which the rule
had been obtained set forth that Mr. Parkes was a
claimant upon the Company, and they having refused to
issue a precept to assess the damages, application was
made to that Court for a mandamus, and the order of the
Court was at once complied with. When the inquisition
was taken the Jury assessed damages at 5201. The Com-
pany had previously made no offer, conceiving that Mr.
Parkes had no legal right to compensation, and the clause
in the Act of Parliament,which related to costs, apparently
referred only to cases, in which the sum awarded by the
Jury was equal to or exceeded the sum offered by the
Company. In the present case the Company having
made no offer, contended that they had no right to pay
any costs. The plaintiff; however, considered that this
was a casus omissus, and that he was entitled to the costs
of the inquisition. The costs which had been taxed and
allowed by the plaintiff amounted in the whole to
1061. 9s. 4d., but certain items in .the list had been ob-
jected to by the defendants, on the ground that they did
not come within the meaning of the 81st section. He
submitted, however, that the whole of the costs of sum-
moning the Jury and of taking the inquisition were
costs for which the Company were liable, and that if the
rule were made absolute at all, it should only be to re-
view the taxation as regarded the expenses of damages
which the Court had intimated ought not to be included.
Mr. CHILTON followed on the same side.

The I.IouRT, without calling upon the Counsel on the
other side, was of opinion that the large sum which had
been charged by surveyors for making preparatory plans,
and others not contemplated in the 81st and 83d section,
were beyond the fair meaning of the Act of Parliament,
and ought not to have been included. They were of
opinion, therefore, that thi rule for reviewing the taxa-
tion of costs must be made absolute.

THE QUEEN V. JOHN MORRIS TREHERN.

Mr. KELLY moved in this case for a rule to show cause
why a writ of certiorari should not issue, directed to the
defendant, one of the Assistant Tithe Commissioners,
and commanding him to bring into that Court his adju-
dication of the undaries of the parish of Eversleigh, in
the county of Southampton, and Finchhampstead, in the
county Berks. The application was made on be-
half of Mr. Fyshe Palmer, who complainvd that a
large piece • of land in the former parish had been trans-
ferred by the Assistant-Commissioner to the latter. The
Learned Counsel having referred to the Act 2d and 3d
Victoria, chap. 62, which authorised the application for
a writ of certiorari, in cases where the adjudication of
the Commissioners was objected to, on complying with
certain conditions, and having stated that these forms
had been complied with in the present case,
The COURT granted the rule.

.EXCHEQUER.-(THIS DAY.)

IN RE SOANE AND OTHERS.

Mr. ARCHBOLD moved for a rule to discharge three
persons from custody under the following circumstances.
The applicant Soane was taken into custody in the West
Riding of Yorkshire on the charge of being in possession
of a quantity of worsted without being able to show an
invoice for it, in contravention of the provisions of the
Worsted Act. The other two persons who joined in the
application became bail for him, and were put under
terms to render him on the first day of the July Assizes
to be held in Bradford. Accordingly on the day
named they took Soane to the ,Court-house, Brad •
ford, and gave him into the custody of the constable
there, and then they went away. Soane now deposed
that he was innocent of the charge made against him ;
that the constable, after detaining him some time, handed
him over to an inspector appointed under the Worsted
Act, who took him to a public-house ; they returned to
the Court-house, where the, inspector asked him if he
was going to pay any money; he said no, he had nothing
to pay with, and was innocent ; and that then the in-
spector asked the constable what he was going to do
with him, who said he had better go about his business ;
and that he was so discharged after being in custody for
for some hours. Neither of the three persons heard any-
thing more of the matter until the 15th of September
following, when they were all taken into custody and com-
mitted to York Castle. They were very indigent persons.
The COURT—Do you state that the recognizances have
been estreated ?

Mr. ARCHBOLD—They must have been so, but it is
not sorn ; these parties know nothing about it.

The COURT—WouId it not have been better to have
given notice of the petition to the Attorney-General ?
He would cause an investigation to be instituted, which
may save both time and expense.
Mr. ARCHBOLD was not aware that' such a course was
necessary. As the term was so far advanced, he would
prefer a rule nisi for the discharge of the parties.
The COURT—We cannot grant that. We can only
give a rule to show cause why the recognizances should
not be discharged ; and your affidavit does not disclose
whether they have been estreated or not. There must
be something more in the case, or the Magistrates would
not have taken such harsh steps.
Mr. ARCHBOLD—The case was clear enough. The
bail ought to have given Soane into the custody of the
gaoler, not into that of a constable. The case never
went before the Magistrates, and when called upon by
another party they were bound to estreat the recogni-
zances, as a matter of course. They were very poor,
and it would be very hard upon them to be kept in cus-
tody until next term.
The COURT—Take a rule to show cause why the es-
treat of the recognizances should not be set aside and the
prisoners discharged—to be served upon the Attorney.
General and the jailer of York Castle.

A gentleman behind the bar moved for a rule to show
cause why the Master should not review his taxation of
the bill of costs. The plaintiff and defendant had settled
the action, and all was about to be amicably settled, when
the defendant's attorney demanded to have the bill taxed
Before the Master they disputed respecting an item of
45., which being disallowed, the attorney . went before
Baron Alderson at Chambers, who thought the Master
right, and decided accordingly. He now came before
the Court to have the order, then made, set aside.
Lord ABINGER said this was a case in which the Court
would attempt so to modify any rule they might grant
as to make the costs fall upon the attorney. They dis-
pute about 45.; the client has no interest in it; they then
incur costs to the amount of 61. to 81. When the rule
comes on again we will take care that such costs do not
tall upon the client. With such an intimation of the
opinion of the Court, you may take a rule.--(A laugh.)

BAIL COURT-(THIS DAY).
Justice PATTESON was engaged in the early part of
the morning in disposing of undefended causes, after
which the Court sat in Banco. In the course of the
mornin& the Westminster Grand Jury was discharged,
as there was no business before them,

COMMON PLEAS.—(THIS DAY.)I
(Sittings in Banco.)
HODGES V. COOPER.

This was an action brought by a silk mercer against
the defendant, a gentleman of private fortune, to recover
the value of a large quantity of silks and other merceries,
supplied to the wife of the latter.
The defence was, that the plaintiff had not used
proper caution to ascortein the situation of Mrs.
Cooper, who was at the time of the credit,
separated from her husband under circumstances which
led to a divorce ; secondly, that the goods were not ne-
cessaries. It was proved. on the.ttial that the lady was
supplied in one day with silks to the value pf more than
1004, anti of such bulk that two cabs were employed in
taking them away. The Jury found for the plaintiff;
but the Court, thie flay? upon a tale obtnined by Mr.
Sergeant Channell for the defendant, granted a new trial.

branch of the company. The defence was, that the de-
fendant was not liable as the drawer, inasmuch as the
plaintiff had not duly presented the document, which
was of the nature of a bill of exchange. On the other
hand, it was contended that the introduction of the
words " without acceptance " deprived the paper of that
character, and released the plaintiff from the usual obli-
gation to present a bill of exchange to the drawer in
due time.

The -verdict was for the plaintiff, and Mr. Sergeant
Wylde this day showed a cause against a rule obtained
by Mr. Sergeant Channel' for a new trial.
The Collar, having heard Mr. Sergeant Channell in
reply, decided that the defendant was individually liable,
and that the verdict was rightly found for the plaintiff.—
Rule discharged:

MARLBOROUGH.STREET.
(THIS DAY.)
Charles Watson and James Grant, young men who
described themselves of Barnard's Inn, were placed at
the bar, before Mr. Maltby, the presiding Magistrate,
charged with knocking and ringing in a violent manner
at the doors of several houses in James'-street, Hay-
market, Panton-street, and Whitcomb-street, and doing
wilful damage by wrenching off sundry knockers, and
bell and name plates.

Mr. Joseph Higgs, of Panton•street, eating-house-
keeper, produced a brass name-plate that had been
wrenched off his door-post. His family were alarmed at
two o'clock this morning, by a violent knocking at the
door. The amount of damage done was about 21.
Mr. Henry Pettingale, of No. 24, Whitcomb •street,
stated, that he was aroused this morning by a tremen-
dous knocking at his street door, and, on getting up,
found that the knocker had been wrenched off, and
broken in pieces. The damage was to the amount of ss.
Police Constable No. 182 of the C division, saw the
defendants actually commit both these offences, and took
them into custody on the spot.
This morning several broken knockers that had been
wrenched off doors in the neighbourhood were found in
the street.

The defendants merely denied the charge.
Mr. MALTBY fined each of them the sum of 21. 55.,
Which was paid directly.

WOOLWICH-MONDAY.
ROYAL ARTILLERY.
The officers of the royal artillery were highly gratified
by the intelligence communicated to them last evening
at the mess by a brother pfficer of high rank in the
service, that an extensive brevet was resolved upon
in honour of the birth of the Duke of Cornwall, the
heir to the throne of Great Britain. It is fully anti-
cipated the brevet will extend to lieutenant-colonels
of 1835 or 1836, and that it will promote nine of the
senior captains, who at present rank as majors, to be
lieutenant-colonels.

The following remarks as to the protection against
fire in a town of such importance as Woolwich may
prove the means of allaying any fears existing regard-
ing it in consequence of the reports which have been
spread throughout the country. In the dockyard there
are five engines kept in good order, and during the time
the Trafalgar was building, when nearly finished, there
were always two engines upon that vessel with water-
tanks, and every necessary preventive against fire. In
the Royal Arsenal there are six engines, the largest
named the Globe, capable of discharging a ton of water
per minute when its services are required. There are
two other patent engines;of the best construction, and
three of a smaller description. The gunners and drivers
of the Royal Artillery take these engines to the canal in
the Royal Arsenal, and exercise them on the first of
every month, to ascertain that they are in good working
order. The Globe engine has two levers on each side,
and it is a stirring sight to see fifteen men attached to
each, sixty in all, at one time, working this powerful
machine. In addition to these engines, there are two at
the Royal Sappers and Miners' Barracks, and two at the
quarters of the Royal Artillery at the garrison, besides
those of the Royal Marines, a sufficient proof that every
human precaution is taken against the destruction of
property in this quarter by fire.

NEWPORT.
GROSS CHARTIST INTERRUPTION.

A public meeting of the inhabitants of Newport hav-
ing been convened by the Mayor, Mr. Lewis Edwards,
for the purpose of joining in a loyal address to the Queen
on the birth of a Prince of Wales, at twelve o'clock, the
hour appointed for the meeting, the National School-
room was completely crowded, and •
Mr. T. J. PHILLIPS having called on the meeting to
appoint a chairman,
Mr. TOWNSEND (the Chartist) moved, that Mr. Huges,
the late Mayor, should take the chair, instead of the
Mayor of the day, Mr. Lewis Edwards.
The great majority of the meeting being Chartists,
Mr. Hughes was appointed to the chair.
A loyal and dutiful address was then moved by Mr.
HAwRINs, and seconded by the Rev. J. FRANCIS, upon
which,

Mr. CRoNIN, the Chartist, moved a counter address
calling upon the Queen to release Frost, Williams, and
Jones.—(Great cheering by the Chartists.)

Mr. WELLS said, the address was a most reasonable
one, and he would second it.

Mr. DOWLING rose and appealed whether this was a
fitting occasion for any such motion, and whether they
would allow Newport to be branded with disloyalty.
W. EDWARDS, the Chartist, who was imprisoned with
Vincent and the others, then said, he wondered that Mr.
Dowling should be carried away by the warmth of his
temperament. Now was the time for them to address
her Majesty for themselves; they never before had such
an opportunity, and never should again. Her present
Majesty was the best Sovereign which had sat on the
throne since the days of Edward I. She sat on a throne
which was founded on a bad system, and the people
could never know peace or happiness till that system
was wholly reformed. He prayed God to bless her as
long as she lived, and when she died he hoped the monar-
chical
(Several
gentlemen
government
sitting b
be tar
on
uennd thed iil England.table
here
rose
and left the meeting, saying that every loyal subject
ought to do the same.)

The CHAIRMAN begged to call the meeting to the re-
quisition, which was to address• her Majesty on the
birth of a Prince.
Mr. CRoNIN said he had no objection to the address,
but he should insist on his address being added to it.—
(Great uproar, and cries of "Put the amended address.")
Much desultory conversation ensued, and every
endeavour was used to induce the Chartists to withdraw
their amendment. Mr. Cronin said he would not abate
one iota of his amendment. The Chairman, finding
further efforts useless, dissolved the meeting, without
agreeing to any address.

REPUDIATED
BILLS.
EXCHEQUER
A Correspondent has communicated to us the follow-
ing list of persons who hold the above description of do-
cuments, to the amount of above 300,0001. The list, we
apprehend, is not perfect :
Bank of England 48,000
Coutts and Co., bankers 40,000
Ransom and Co., ditto 26,000
Price and Co., ditto 20,000
Curries and Co., ditto 12,000
London Commercial Bank ll,OOO
Bell and Co., solicitors
Bell and Broderip, ditto 33,000
Shearman, merchant
John and W. Scott, merchants
lichens, broker
Barnes, ditto l2OOO
Solomons, ditto 4,000
Harrison, ditto 6,000
Shaw, City Treasurer 40,000
Major Anderson

£311,000

TRANSYLVANIA. The Sualoian Mercury,
under date Vienna, 12th inst., states that the aborigines
or Magyars of Transylvania were endeavouring to gain
the ascendancy in that province, but the German part of
the population were resisting strenuously. The grt ater
part of the Transylvanian comitats, inhabited by Hunga-
rians, had presented petitions to the Emperor, praying
his Majesty to incorporate the principality with Hun-
gary. On the other hand, Transylvania, which enjoys a
Constitution conferring many advantages upon the
-inha-
bitants, would not wish to resign it. The opeaing of the
Transylvanian Diet is fixed for the 15th inst.
Among the exhumations that have lately taken
place at Bakewell Church, for the purpose of laying the
foundations of the part of the building about to be re-
newed; has been the coffin of the celebrated Dorothy
Vernon, the story of whose elopement from Haddon
Hall is familiar to all who have visited that romantic
edifice. Lady Dorothy died in June, in the year 1584,,
and though 257 years have elapsed since her interment,
the hair was found to be undecayed, and firmly adhering
to the bone of the skull. In the hair there were half a-
dozen pins in a state of excellent preservation.
SALMON FISHING IN THE TAVE RIVER.
Several' very fine fish have been taken in the Tare river,
near St. Clears, with the fly, affording the gentlemen
engaged some very excellent sport. Captain Rowan,
the week before last, took a fine fish, weighing upwards
of 241bs, and several others of a smaller size. Sir Joseph
Leeds caught one, weighing upwards of 201bs, in the
same river.
Thomas Williams, Esq., and several other
hare also been very successful. The weather,
for the last month, has been unusually fine for this
gentlemen,
season of the year, and very fairourable for this sport.—
Carmarthen Journal.
BRITISH INDIA.—No moment was ever more
favourable for the publication of a new work on the pre-
sent state of India than that which has been chosen by
Captain Fane. The war in China, the appointment of
new officials, both civil and military, in that quarter ;
and above all the appointment of a new Governor-Ge-
neral, all these circumstances have directed an extraor-
dinary degree of interest and curiosity towards our In-
dian
pposusebslissiholeids ;
is and,
ulasstewdesounfudlelry to stand, no work
gratifyre-
cently
these as
the forthcoming "five Years in India," of Captain Fane,
whose position as nephew andAAide. Camp to Sir
Henry Pane, the Commander-in-Chief in India, afforded
him unequalled facilities for the task he has undertaken..
His journey, we are told, includes full and most interest-
ing details of the famous attack on Ghuznee, and the
military operations which preceded and followed it, and
a visit to the Court of Runret Signh; a residence in the
Himalayah Mountains ; a'voyage down the Indus
finally, an account of the journey overland to England.
A heavy gale on Saturday. from the W.&W.'
• to
obliged several vessels to put in Fa harhopt..
AmOng ;hose which ran in for shelter Were her Majegmrs
ship Illustrions;"i2, Captain Erskine, fro Portsrne4li,
for New York, with the Governor-General of the:C•a-
nadas, Sir C. Bagot, on board ; and her Majesty's steamer
Volcano, from Plymouth for Liverpool,

VICTORIA THEATRE.

A most effective melodrama was produced at this
theatre last evening, under the title of Caspar the
Doomed. It is, in fact, a dramatic version of the well-
known story of the unfortunate Caspar Ha user, with
such alterations and additions as are necessary for the
puiposes of the stage. For instance, the mystery at-
tending Caspar's" birth is cleared up, by making
him the child of a daughter of a certain high
German Noble, . hight Count Hermann, the honour
of whose house is concerned in the concealment
•of this evidence of his daughter's shame—hence the im-
muring of the unfortunate Caspar. On his escape from
his dungeon, after going through fl variety of adven-
tures, in the course of which: his friend and defender,
Schwartz, is shot by Count Hermann, he discovers the
secret of his birth, and on being appealed to by Count
Hermann, Caspar swears never to name the Count as his
persecutor, and never to bring shame on his mother, by
revealing the relationship subsisting between them.
Caspar has nothing then to live forbut 10ve.% He loves Eve
(Mrs. Howard) the betrothed of Ernest (Mr. Seaman),
a young physician, who has been his guardian and in-
structor. She tells him she pities, and has the greatest
friendship for him, but that she is betrothed to Ernest.
A commission arrives from Vienna, to inquire into the
story of Caspar. He appears before it, performs his pro-
mise to Count Hermann and to his mother, and having
done so, swa:l,,ws poison. The piece is of French
origin, and therefore, as might have been ex-
pected, the love-making of Caspar is rather more
sentimental and polished then could have been ex-
pected from a man who had passed the greater
part of his life in a dungeon. It was too conventional.
The introduction of many of the incidents also tended to
dilute, if we may be allowed the expression, the charac-
ter of Caspar Hauser, down to that of a melodramatic
hero. • There was, however, sufficient of the original
character of that extraordinary being remaining to af-
ford an actor of talent such opportunities of displaying
his powers as seldom occur on the boards of a minor
theatre, and it was in the hands of an actor of the high-
est talent. Last night Mr. E. F. Saville's Caspar Hau-
ser was a personation of no ordinary character. His
expression of admiration and delight, not unmingled
with fear, on beholding light and life for the
first time on his emerging from • his dungeon,
was a very fine piece of acting, and in the scene he
rushes at the Count, after the latter has shot Schwartz,
he exhibited a wild and savage energy that was perfectly
terrific. His panic terror at the lightning in the last
scene was most beautifully and naturally given, and
throughout the character he exhibited a power, a pathos,
and a knowledge of picturesque effect which prove him
to be not only a man of first-rate talent, but one who has
deeply studied his profession. It is well worth a visit
to. the Victoria to see Mr. E. F. Saville's Caspar Hauser.
The piece was completely successful. The house, as
usual, was crowded.