The Sun.
London, England, 1847-03-02 00:00:00

.... t, • . 7
AIARCII 2, 1847.
s
_

NE,

SPORTING INTELLIGENCE.
TATTERSALL'S.—MONDAY.
A variety of investments, mostly of small amount, enable
unto submit a quotation on all the events now in the market,
but at the same time render it necessary to state that betting
never was so miserably dull ; even the steeple-chase, on
which money has been laid out, was scarcely noticed. It is
only requisite to direct attention to a marked decline in The
Lamb for the Chester Cup, and to state that Glentilt was in
force for the Derby, and Nerissa for the Oaks; in no other in-
stance does the business transacted call for more than a quo-
tation of the prices :

DUTCH AND FLANDERS MAIL.
THE HAGUE, FEB. 24.—1 n the sitting of the Second
Chamber of - the StateS-General to-day, the Chamber
adopted unanimously—lst, the project of law for adding
100,000 florins to the Bth chapter of the budget for
1847, in order to defray the expense of commencing
the works for the docks and other public works at
Flushing; and 2dly, the project of law for adding
100,000 florins to chapter 4 of the budget of 1846 for
civil and military prisons. In the debate on the last
project of law, his Excellency the Minister of Finance
gave the satisfactory assurance that all the expenses for
the service of 1846 would be covered by the means
already granted for that year, and even that t'here would
he a snrplus of some 100,000 florins for the service of
that year.

FEB. 24.—Tne most important occurrence in the
sitting of the Second Chamber to-day was the fact,
that before proceeding to the vote on the second pto-
ject of law, his Excellency the Minister of Finance
delivered a speech on the result of the state of the
Finances for 1846. We have not time to enter into the
details which such a subject requires, and to which we
shall return when the speech is officially published ; but
it is sufficient to state at present that notwithstanding
the considerable increase of several chapters of the
budget of 1846, and that including the funds required
by the project of law which the Chamber has discussed
to-day, the Finances for the service of 1846 present a
surplus of nearly 100,000, resulting from the ways and
mean', besides a colonial surplus of 300,000 florins
above the original estimates.

COBLENTZ,-FER. 22.—There is every indication that
emigration from Germany to America will increase very
c nsiderably this year. The navigation is scarcely
opened, and s great mass of emigrants have already set,
out to embark at Antwerp on the 25th.
BERLIN, FEB. 22.—The public are looking with ex=
pectation for the matters which will be brought before
the Diet. The report of a loan is contrld'cted. It is
said that the subject to 'be lid before the Diet will be,
Ist, The capitalizing'-of'a disposal part of the interest
which the States of 1842 have assigned to meet the in-
terests guaranteed fliy, some iiilway shares on the public
revenue ; ,2.11 y,„ The.a,bolition of the tax OR flour and
meal 341 y, The -eztablishment of a bank, to be
guaranteed :by the-State,.v for the convenience of the
landowners: The Cracow' Gazette again contradicts
the report that Russia is assembling a body of troops on
tha frontiers. The reports that were circulated here of
extrOidinary iasSemblages of troops in Prussia are like-
wise said to be unfounded

VIENNA, FEB. 18.—We have just learnt that the
loan of 800,000,000 of florins, at five per cent., was yes-
terday finally concluded with the banking-houses of
Rothschild, Sena, Arstein, and Erkeles. The further
particulars are not known.

BRUSSELS, FEB. 25.—The Chamber of Representa-
tives continued to-day the discussion of the project of
Lew relative to gold coin. It also named the number of
the examining juries, and passed the final vote on the
project of law relative to the arrondissement.

- LIVERPOOL STEEPLE CHASE.
5 to 1 agst Mr. Preston's Brunette
8 to 1 agst Hon. Robert Lawley's The Roarer—taken
12 to 1 agst Mr. 0. Higgins's Pioneer—taken
12 to 1 agst Mr. Watts' St. Leger
12 to.l agst Mr.D'Arcy's Culverthorpe
NEWMARKET HANDICAP.
15 to 1 agst Lord Stradbroke's Lynceus—taken
15 to 1 agst Sir C. Monck's Vanish—taken
20 to 1 agst Mr. Jaques's Sir Martin—taken
20 to 1 agst Sir J. Hawley's Humdrum—taken
25 to 1 agst Mr. Mostyn's Devil-me-care—taken
METROPOLITAN HANDICAP.
10 to 1 agst Mr. Stephenson's Sheraton—taken
14 to 1 agst Lord Chesterfield's Jenny Wren
25 to 1 agst Mr. Pedley's Pink Bonnet—taken
25 to 1 apt Mr. Mostyn's Devil-me-care
TWO THOUSAND GUINEAS STAKES.
5 to 1 agst Mr. Mostyn's Glentilt— taken
CHESTER CUP.
20 to 1 agst Mr. Gully's Mendicant
25 to 1 agst Mr. Ilerbert's Antler
25 to 1 agst Mr. Mostyn's Camera Obscura
30 to 1 agst Mr. Wilson's Punch—taken
40 to 1 agst Mr. B. Green's The Lamb—taken
50 to 1 agst Mr. W. Scott's Sir Tatton Sykes-4aken and
afterwards offered
50 to 1 agst Mr. Hesseltine's Fitzallen—taken and aft off
60 to .1 agst..Mr. B. Green's The Conjuror—tak and aft off
1000 to 15 agst Mr. Mangle's Golden Bee—taken and aft off
'2OOO to 20 agst Mr. T. Parr's Sylvanus—taken
DERRY.
7 to 1 agst Lord Eglinton's Van Tromp—taken
20 to 1 agst Mr. Mostyn's Glentilt—taken freely
28 to 1 agst Sir R. Pigot's Conyngham—taken
1000 to 30 agst Duke of Richmond's Red Hart—taken
and afterwards offered
1000 to 30 agst Mr. Gully's Allertonian—t. and aft.. of.
50 to 1 agst Mr. O'Brien's The Liberator—t. to 1501.
.50 to 1 agst Mr. S. Conway's Christoper
50 to 1 agst Mr. Stephenson's Black Dwarf taken
1000 to 15
500 to 10 agst Mr. Pedley's The Cossack—t. and aft. of.
2000 to 30 agst Mr. J. Rogers's Lionel—taken and aft. of.
500 to 5 agst Mr. L. Fox's Philosopher—taken.
OA KS.
13 to 1 agst Lord Eglinton's Nerissa
15 to 1 agst Mr. Mostyn's Slander—taken
- 30 to 1 agst Mr. Merry's Maid of Motherwell—taken.

r We have received letters from the slave. trade sup;
pression squadron to the 31st of December, at which
date it was generally healthy. From Ascension, letters
state that several prizes have been taken lately by the
cruizers to the southward, but the captures and captors
arc not particularised. The commodore started in the
Devastation on the 26th for Cape Verd, whence he
would go the round of the station to make his
first official inspection. With the exception of
the Wanderer, no very serious cases of fever
had occurred in the squadron. We regret to add, how-
ever, that Commander Gooch, of the Sealark, 10, had
received a paralytic stroke, and, at the date of our
advices, was not expected to survive.
A coal depot for her Majesty's steam-vessels on the
New Zealand station is ordered to be established forth-
with.
Captain Corry, of the Superb, 80, at Lisbon, is ordered
to exercise the new frigate Thetis, 36, against the Ame-
rica, 50, razeed 74, and report upon the trials of sailing
to the Admiralty.
It is stated that another experimental squadron will
shortly assemble at Spithead. •
WOOLWICH, FEB. 27.—The Amphion steam-frigate,
Captain Woodford J. Williams, who is at present in the
Odin steam-frigate, conveying provisions to Ireland,
went down the river on Saturday, in charge of Lieuten-
ant Sibbald, to try her engines. Shortly after 10 o'clock,
a.m., Commodore Sir James. J. G. Bremer, K.C.B. and
K.C.IL, Superintendent of Woolwich dockyard
Captain Ellice, Controller of steam machinery; Captain
Austen, R.N. ; Captain Schwabe, of the Russian navy ;
Count Rosen' on whose principle the engines have been
constructed; Mr. Oliver Larg,. Master Shipwright; Mr.
Lloyd, Chief Engineer • Mr. Atherton, Assistant to the
Chief Engineer at Nionlwia Dockyard ; Mr. Smith, ,
inventor of the screw propaifir. ; tied Mr. Miller, of the
firm of Miller and Ravenhill, Who constructed the en-
gines, went on board, and about 11 o'clock the vessel
left her moorings, followed the. Black Eagle steam vessel,
under the command of Mr. S,-B, Cook, master, R.N.
The Amphion had on board the whole of her guns,
consisting on the upper deck of two 56-pounders, of 85
cwt. each ; on the traversing platforms eight 32-
pounders, six feet long each ; and two land service
guns. On the lower deck, four 8-inch guns, 65 cwt.
each ; and sixteen long 32-pounder guns, 50 cwt.
each, with a large quantity of shot and shells.
She was in excellent condition for trial. When she
left her moorings the tide was running up with a strong
north-east wind against her. The engines, when set to
work, made 36 revolutions per minute, and gradually in-
creased their velocity to 44 per minute, which was the
highest number during the trial. The engines on Count
Rosen's principle are different from any used in the
Royal nary of this country, being on a similar prin-
ciple to locomotive engines, and acting horizontally
with a four-feet stroke attached to the axle
of the screw propeller with which sho is fitted,
and dispensing with the use . of cog-wheels,
which were required for the Rattler, the Fairy, the
Dwarf, and other screw-propeller vessels. The engines
of the Amphion were only 150-horse power each, and
were found sufficient to give the vessel the speed of 61
knots in an hour and a half against wind and tide, and
when her full speed is attained she will average about
six knots per hour. The engines worked re-
markably easy, and with scarcely so much
noise as a pair of smooth engines of 20-horse power
each. The construction of the engines, on the horizontal
principle, gives them the advantage to a war steamer of
being considerably under the water level, and not liable
to danger except from shells falling perpendicularly,
which could scarcely take place at a long range. The
Amphion, during the experimental trip, was immersed 17
feet 11 inches its the fore part, and 18 feet 4 inches aft, and
the trial gave great satisfaction. Owing to the state of
the tide, she was under the necessity of bringing up at
Greenhithe until the following day. She is well ap-
pointed with stores, and has two of Porter's patent
anchors on board, one of 52 cwt., and another of 13 cwt.
2 qrs. Commodore Sir James J. G. Bremer, and the
officers and scientific persons who went down the river
in her, returned to Woolwich in the Black Eagle in the
afternoon.

DROGHEDA SPRING ASSIZES.

Monday, Feb. 22.
(Before Mr. Justice PERIUN.)
BARKER V. TAYLOR.

This was an action brought by the plaintiff, an advertising
agent, carrying on business in London, against the defendant,
one of the provisional committee of the Irish West Coast
Railway,, to recover the sum of 1,1881. 65., for advertising the
undertaitg. The counsel for the plaintiff were Mr. Napier,
Q.C., Mr. O'Hagan, all Mr. Keenan, and the counsel for the
defendant were Mr. Tomb, Q.C., Mr. Holmes, and Mr.
Perrin.

The facts of the case were as follows :—ln the month of May,
1845, the project was first started, but did not appear before
the public fully developed till the month of September, in
the beginning of which month the prospectus was issued
containing the names of a number of highly-respectable
merchants and gentlemen who formed the provisional com-
mittee. Amongst them appeared the defendant in that
capacity he was now sued. From the evidence produced in
support of the plaintiff's case, it appeared that the defendant
had given his name to the Irish attorney to the company on
the 17th of September in that year to have his name pub-
lished as one of the provisional committee. His name,
with many others, was forwarded to London, and
was in due course inserted in the prospectus,
and also published in the Irish and London
daily and railway papers, and towards the latter part of
that month the defendant made an application, through the
company's agent in Dublin, for thirty shares to be allotted
to him. The shares of the company, however, were not
allotted, owing to the panic and other untoward circum-
stances. When it was fully ascertained that it would he
useless to prosecute the scheme under the then state of
affairs, it was abandoned by the English portion of the
committee. The Irish committee, however, continued to,
meet, and have done so to the present time. At one of their
meetings in the month of December, 1845, it was resolved
that Mr. Kelly, their solicithr, should be sent to London, with
authority to make arrangements with the London committee
for obtaining the plans, books, and everything connected
with the company, and to ascertain the liabilities, and upon
this agreement the Irish committee undertook to settle all
claims on the company, it being their intention to proceed
with the project. Mr. Kelly, thus armed, came to London,
and obtained from the English committee the plans, books,
&c., and went to the plaintiff on the 31st of December,lB4s,
with an advertisement, which was duly inserted on January
1, 1846, requesting all the accounts against the company to
be rendered forthwith, in order that they might be examined
and discharged. On Mr. Kelly's return to 'Dublin,
the committee met to receive his report, which
was appproved, and his exertions were highly
appreciated. The committee then forthwith passed a resolu-
tion authorising a circular which was duly issued, calling on
the allottees to pay 3s. or 4s. per share towards the expenses
incurred by the provisional committee, and thus to liquidate
the claims on the company. The defendant had acted in this
and at nearly every meeting as chairman, and in that
capacity signed all the resolutions referred to.
A certified copy of the registration of the defendant's
name as one of the committee was put in, and the usual
evidence as regards the work having been executed was then
taken.
For the defendant, it was contended that the evidence was
not sufficient to warrant the case going to the jury, and that
after the two recent decisions in the English superior Courts,
the plaintiff must submit to a non-suit.
For the plaintiff; it was contended that sufficient evidence
had been adduced to carry the case to the jury, and therefore
he declined to submit to a nonsuit.
Mr. Justice PERRIN (addressing defendant's counsel)—
They refuse to be nonsuited, and insist on my sendifig the
case to the jury, and I believe they have a right to do so.
Mr. TOMB—Very well, my Lord. Your Lordship will of
course direct the jury to find for the defendant.
Mr. Justice Plcustits—Certainly. His Lordship, in sum-
ming up, said that this was an action of assumpsit for work
and labour done. The evidence was that the work and
labour was done in London upon the orders of persons named
Campbell, Aguilar, and Stuart. It did not appear that there
was any distinct communication between the defendant and
those who authorised the doing of any matters for which the
action bad been brought, at least it had not been given in
evidence. It was stated that the defendant was a provi-
sional committeeman, and having attended meetings, and his
name being published in the papers, he was said to be liable,
but little evidence had been given to show that the plaintiff
distinctly relief upon him or looked up to him for payment.
His Lordship then referred to the opinions of Sir Thomas
Wilde and Baron Rolfe in recent cases, and said that the
present action must be guided by those authorities; the
jury he therefore thought ought to find a verdict for the
defendant. _ .

The jury then asked leave to retire, as a difference of opi-
nion existed among them.
Mr. Justice PERRIN said the case rested on a question of
law, and on such a question the jury should be directed by
the Court ; but if they wished to consider the case further
they had better retire.
After an absence of a quarter of an hour the jury returned.
One of the Jury.—My Lord, I am deputed by the jury to
ask your Lordship whether it be a question of law or a ques-
tion of justice that the jury are called upon to decide ?
Mr. Justice PERRITC—Law ; I told you so.
Juror.—There is a difference of opinion between us on this
subject as to what is justice; for, if we were at liberty, to
consider the honesty of the case, we could not agree to a ver-
dict for the defendant.
Another Juror. —ls it by justice or law we are to go, my
Lord?
Mr. Justice PERRIN.—It is a question of law, and it is the
duty of thry to bow to the Court on a question of law.
Juror.—'&e bow to your Lordship.
Mr. Justice PERRIN.—If I am wrong my decision can be
set right.
The jury then found, as directed, a verdict for the de-
fendant.
The Counsel for the plaintiff shortly afterwards tendered
a bill of exceptions, which was received by his Lordship.

SUDDEN ILLNESS OF THE DUKE OF SOMERSET.—
It is with extreme regret we make the announcement that
his Grace the Duke of Somerset was suddenly seized with a
fit on Sunday afternoon last, at his residence, Wimbledon
Park. Dr. Parrott 's services were immediately put into re-
quisition. Dr. Parrott succeeded in restoring the Duke to
consciousness, but his Grace remained during the night in
a very precarious state, and yesterday afternoon the reports
of his Grace's medical attendants were very far from encou-
raging. .
Mr. O'ComiELL's HEALTu.—The answer to in-
quiries at the British Hotel, after the health of the Hon. and
Learned Member for Cork, is, that " Mr. O'Connell is quite
well; that he rides out daily, for two or three hours in the
day, and eats well, frequently dining with three or four
friends." Sometimes the answer is, however, varied to
" Mr. O'Connell is much better, and is doing well." As we
stated, however, on a former occasion, the state of the lion.
and Learned Geinlema.o i 5 represented, by persons who hale
the best means of judging, as far from being " quite well ;"
and considerable doubt is entertained as to his recovery. _