The Sun.
London, England, 1841-05-06 00:00:00

THE QUEEN V. PAYNE.

This was an application to estreat the recognizances of a
bail for non payment of costs, under the rovisitnis of a statute
of William the Third. The Court thought the application
should he granted, but would enlarge the rule till the first day
of next Term, to allow the defendant an opportunity of pa! ing
the costs.

THE QUEEN V. PROCTOR.
In this ea.e the Court granted a rule for a new trial.
ATKINSON V. ItAWLEY.
_ _

In this case, which was an a:tplication fur a non-suit or an
arre,t of judgment, the Court granted the rule.

FAUCETT V. BENNINGTON.
In th;s cage, which was tried before Mr. Ba•on Manic at the
Westmoreland a•s:zes. and on which an applicat on was made
for a new trial, on the ground of the verdict being against
evidence, the Court had consulted the Learned Judge, who
saw no rea•on fur disturbin4 the verdict. The rule therefore
must be reused; and in Denney v. Clarke, and Doe, Dem,
Duke of Beaufort v. Gaigh, the Court granted rules.

In the unitise of the day the Grand Jury came into Court,
and stated that no presentments had been sent before them.
They were then discharged.

BAIL COURT.-(THIS DAY.)

THE QUEEN V. BAILEY AND OTHERS, GUARDIANS OF THE
BASFORD UNION, NOTTS.

Sir. W. FOLLETT applied for a rule, cuing upon Thomas
Bailey, George Farraut, and J. Wood, to show cause why a
criminal information should not be filed against them for the
publication of a libel reflecting on the character of Mr. I\ ixon,
a Magistrate of Notts. The defendants were members of the
Board of Guardians o' the Basford Union, in the county of
Notts. On the Y..sth of January last, a pauper, named Parkes,
had been brought to the union house in a cart ; he was at that
time suffering from illness, and in the course of that
night he died. The surgeon stated that the man would have
been much benefited by the administration of spiced wine, or
some stimulant of that nature, but that he had been precluded
ordering it by an express order of the Board of Gua: dians.
An inquest was held, and the surgeon's evidence was given,
when the Jury censured the conduct of the Board of Guar-
dians severely. An investigation was likewise insti uteri by the
Magistrates assembled in Petty Sessions, on which occasion
Mr. Nixon, on whose behalf the present application was made,
took no other part in the proceedings than reading the' evi-
dence of the ,urgeon as given before the Coroner. A m feting
of the Board of Guardians was subsequently held, at which re-
solutions were passed denying the existence of any such order
as that alluded to by the surgeon, censuring the conduct
of that gentleman and also the conduct of the Magistrates,
one of which resolutions concluded with the following words,
„therefore-the statement of Mr. Nixon, that on referring to mi-
nute book of the Board of Guardians, the order was found, which
precluded the ordering of any wine or stimulant, without a
special order from the Board of Guardians, is a sheer fiction,
intended to bring the Board of Guardians into disrepute with
the public, and thus aiming, a back-handed blow at the New
Poor-law itself." in another reso:ution, the conduct of Mr.
Nixon was stigmatized as unworthy of a Magistrate
Mr. Nixon denied that he had ever made any such state
ment a' the one alluded to, or that he had taken any part in th.;
proceedings beyond reading the evidence of, the surgeon. 'The
resolutions had been published in all the Nottingham l'aperse
and Mr. Bailey had avowed himself as the person authorizing
the publication, and the other defendants were the mover'
and seconder of the resolutions complained. Mr. Nixon had
written a letter to the editor of the Nottingham Journal.
demanding the name of the author, and in that letter he stated
that every charge contained in the resolutions was grossly
false. This letter had been published, but it did not appear
that it had been done so by tie authority of Mr. Nixon. He
mentioned this, because on that point of late the Court had
been very particul

Mr. Jiisi.ice COLERIDGE—Take your rule.
Rule nisi granted.

COMMON PLEAS.-(THIS DAY.)

NEWTON V. BASHAM.

The defendant is an attorney, to whom the management of an
action brought by the plaintiff against the officers of the
Sheriff of Yorkshire, was transferred by the attorney first em •
ployed, Mr. A'Becket. The plaintiff obtained a verdict in
damages 405., which lefr, however, a balance of 192/. costs, as
between attorney and client, above the costs in the cause. The
plaintiff obtained a rule calling on defendant to show cause why he
should not be discharged from the payment of costs, on the
ground that the defendant was not an attorney of this Court
when he acted in the cause ; and iurther. why oefend tnt should
not pay the costs of taxation, the Master having struck off
more thri one-sixth of the bill.

'I he COURT now gave judgment for the plaintiff on both
points.

BOW-STREET.-(THIS DAY.)
Eliza Williams wa3 placed at the bar charged with having
robbed a Mrs. Powell of various articles of furniture.

It appeared that the prisoner took lodgings in the house of
the complainant, and on Monday evening last the prisoner sent
her out to buy some tea, &c., and when she returned she
found the room door locked and the prisoner gone. She burst
the door open, and found that the room had been stripped.
She immediately gave information to the police, and the pri.
soner was apprehended in St. Giles's, whither the had con-
veyed the property.
The prisoner said nothing in her defence, and was fully com-
mitted for trial.

NEWSVENDER'S BENEVOLENT AND PROVI-
DENT INSTITUTION.—The second annnal meeting of the sub-
scribers and friends to the above Institution, will take place on
Wednesday,• May 19 ; James Harmer, Esq., President, in
the Chair.

BOROUGH OP MARYLEBONE:--Lord Teign-
mouth will not again present himself to the borough, and the
gallant Sir Charles Napier is spoken of with the greatest en-
thusiasm among all classes in the district as his successor.

WINDSOR, MAY 4.—A few days since it was
stated in a morning paper that the Princess Royal wou!cl re-
main at the Castle for some weeks after the departure of the
Queen for the benefit of the country air; but if her Majesty
ever int(nded to leave the infant Princess at Windsor, the in-
tention has been now abandoned, and her Royal Highness will
accompany her illustrious parents to London on Thursday.
Since the arrival of the Court at the Castle on Saturd iy last
the Prince has daily taken equestrian exercise, but has not
hunted in any'of the Parks, as that amusement has been con-
sidered by the medical advisers of his Royal Highness to he too
fatiguing for his present delicate state of health. It is ex-
pected that the Court will return to Windsor a few days pre-
vious to the grand triennial celebration of the Eton Montern.
CONCERT AT BATH HOUSE.—Last evening
Lord and Lady Ashburton gave a grand concert of vocal and
instrumental music, commencing at half-past ten, in the grand
saloon. The statue gallery, the libraries, the drawing-rooms,
&c., were all most brilliant, from the various chandeliers and
Roman lamps introduced.
SERIOUS OCCURRENCE AT THE TERMINUS
OF THE LONDON AND BIRMINGHAM RAILWAY.— Yesterd ty
morninir, about twelve. an occurrence of a frightful character
took place at the terminus of the London and Birmingham Rail-
way, Euston-grove. Mr. Wright, the coach-builder, bad occa-
sion to be at the station on business, and had left his horse, a
very valuable and spirited animal, attached to his gig at the
further extremity of the station-yard, whilst he went across the
line into the offices, unattended. He had scarcely been gone
two minutes before the animal became very restive, and finding
itself at liberty dashed off up the yard with the most fearful
speed, and continued its progress until it arrived at the massive
iron gates at the entrance of the terminus, against which it
came in contact with a violence so frightful as to shatter the
gig to pieces, and to cause the animal to rebound backward to
the extent of several 3 ards, where it lay prostra.e and bleeding
for some time, when death ended its sufferings.

DREADFUL OCCURRENCE AT GREENOCK.--
Monday, about twelve o'clock noon, as Mr. Ludovick Gra
manager of the new cotton mill, was in the wheel-house, show-
ing a party of gentlemen from Glasgow the magnificent water-
wheel employed in propell ng the machinery of the mill, a
small bit (1 stone fell at their feet. Mr. Grant picked up the
stone, but the Glasgow gentlemen, being alarmed ran to the
west side of ihe wheel, and in a moment afterwards the east side
of - the wheel-house gave war, and fell with a tremendous
crash, and Mr. Grant, and another man, a mason, named An-
thony M'Leod, were buried in the ruins. As it was known that
a number of other individuals were also lying under the ruiri,
me 'sures were in,tanily taken to rescue the unfortunate suf-
ferers. In the course rf two hours, J. P(dlock. mason, and
James Bayle, labourer, and a junior clerk of the name of
M'Leod, were taken out alive ; but it was about two o'clock
ere the bodies of Mr. Grant and Mr. M'Leod were dug out.
The cause of the accident is tinders. ood to have arisen from
the immense pressure of fire-proof br.ck arched vaults for cot
ton stores, which rested against the wall o' the whe..l-house.
A vast deal of rubbish and soil had been deposited on the roof
of the arches for affording them protection from the weather,
and the weight had, therefore, become la- greater than the
wall could support. The accident will be the means of throw-
ing out a great number of people who are and were about to
be employed in the Glasgow Chronicle.
THE WOOLWICH CONVICTS.—We regret to
state that the prevailing epidemic, called bronchites, still ragas
to a fearful extent amongst the convicts at Woolwich. On
Monday last inquests were held on four, and an inquiry into
the death of two more took place at the Duke of Sussex yes-
terday, making nineteen inquests within a fortnight. Dr.
Bosley, in his evidence, explained that in bronchites inflam-
mation of the lungs more than of the throat generally occurred.
A juror said there could be no doubt that the confinement,
diet, and clothing, of the convicts brought on the com-
plaint, and caused its fatality in so many cases. This, how-
ever appeared to be without a remedy. The Jury returned a
verdict " That the deceased died from a diseate called
bronelities."

SHAMEFUL OCCURRENCE AT A FUNERAL.
—A man of the name of Tam Dowie, belonging to Kioress,
having died, all of his relatives were rrohibited, by the last
will and testament of this eccentric, from coming near his dead
body, seeing they had riot looked near him while living, and
certain acquaintances of the deceased sere appointed to do
the particular honours of the burial. Accordingly, none of the
relatives appeared until the funeral company had commenced
their progress to the churchyard, when a sister's son of the de-
ceased came forwad and demanded the " head" from him who
was appointed to that honourable dignity. He refused.
From words it came to blows—a regular fight ensued between
the two, and in the contest the relative of the decease kicked
the coffin with his feet with such force that a space was opened,
displaying to the horrified feelings of the bystanders the body
in its grave-clothes. The body was c cried to the grave by
the Kinross officials, leaving the arutal wi etches to fight it out.
Such a scene could hardly be expected to occur among
savages—horrible, surely, among Christians in the nineteenth
century..--Stiriing Observer.

THE MARKtis,Ts.—(T HIS DAY.)
COLONIAL MARKET.
No public sales, and by private treaty the amount of busi-
ne.,s done was extremely limited, but prices w&e supported
fir most articles. The imports were fair.
TEA MARKET.
There was not much business done, but holders would not
sell at the last rates, and Is. 6d. vkai paid for Company's Con-
goo, cash. Some arrivals are near at hand.
TALLOW MARKET.
For P. Y. Ca'-dle prices were supported, but there was a
limited demand for parcels on the spot to arrive.
WHI I'ECHATEL HAY MARKET.
The supply of Mcadow Hay, Clover, and Straw, was but
moderate. Clover 41. 10s. to 6/., Meadow Hay 3/. 10s. to
4/. 18s., Straw 1/. 17s. to 21.

LLOYD'S SHIPPING-(THIS DAY.)

LoNnorr, MAY 6.—Wind this day at noon S.S.W., light
breeze, and rather cloudy.
.MARGATE, MAY 4.—Arrived, the Bombay, Furley, from
Bombay ; Torch, Bain, St. Michael's ; Post Boy, ditto, and
supplied with an anchor-stock. _ . .

.6Fr, DovEa, MAY 5. —Arrived a ship, showing No. 1,792,
under rendezvous flag.
COWES, MAY s.—Arrived the Jantina, Petronella, from
Bahia ; Kilda Charlotte, Hetman, ditto ; Echo, Akerson,
Matanzas, in thirty-nine days. •
OFF THE WIGHT, MAY 4.—Arrived, the Black Cat,
Chener, from St. Michael's ; Rafha, Flounce, Mes,ina.
PLYMOUTH, MAY s.—Wind S. S. W.—Arrived, the Kefuses,
from Ancona ; H.M.S. Cockatrice, South Alnaerica. Sailed,
the Margaret Cormell, for Calcutta. Arrived off, the Beehive,
Walker, from Cadiz, with loss of fire and main top-masts;
Othello, from Savannah for Havre. _

SCILLY, MAY 4.—The Rapid, from Rio Janeiro, which put
in here on the 2d, will commence discharging part cf her cargo
into a small vessel, hired for the purpo-e. Ihe Argus, from
Cadiz to Portsmouth, is also discharging, to stop her leaks.
PAnsTow, MAY 4.—Arrived the Mariame, William, for
Newport, with loss of main topmast, &c.
WHITEHAVEN, MAY 4.—Sailed the Agne3, Bay Chaleur.
CORK. MAY 4.—Arrived the Orbit. London, from Quebec.
WivxxxoE, MAY s.—The Lively, from Goole to London,
was totally lost yesterday on the Baxey Sand. Crew saved.
DEAI„ MA Y 5. —Wind S.W., fresh.—Arrived the Rapid,
from the Westward ; Gelnore, do. ; Cteamore, do. ; Race-
horse, Punchard, Mediterranean ; Miranda, Lisbon. Arrived
from the River the Thames, for Leghorn ; Beau-Ideal, Lis-
bon ; Colon, Havre.
LIVERPOOL, MA Y 5 —Wind S. to W. —Arrived the Entaw,
from New York ; Ashburton, Terceii a ; 'Enchantress, Smyrna;
Tyer, Palermo ; Ann, Girgenti ; Wave, Prysley, Btiboa
Redbreast, Gibraltar ; Independence, New York ; Elizabeth,
Char'eston. Sailed the Fratteis, for Quebec; Oberon, Lima ;
Sehynx, Gibraltar. Arrived off, the Superior, from Bombay ;
Superb, Charhston.
PORTSMOUTH, MAY 5. —Wind W. S.W. —Arrived the
Mona transport, from Malta. Arrived o', the Lady Leith,
Greeves, from Sydney, New South Wales. The Little Queen,
from London to Newport, has }mt. in here with damage, having
been on shore on Dumrose, and is expected must di,charge.
DARTMOUTH, MA Y 4.—Arrived off, the Norfolk, GiLlowney,
from Mauritius, sailed 28th Jan.

FALMOUTH, MAY 4.—Wind S. S.W., strong breezes and
squally.—Arrived the Tyrian packet, from the West Indies—
sailed from Barbadoes March 16, St. Lucia and Martinique
17, Dominica 18, Guadeloupe and Antigua 19, Montserrat,
Naas, and St. Kitt's 20, '1 ortola 21, St. Thomas's April 1,
Porto Rico 2, and Cape Hayti 5, with 80,000 dollars on
freight; Chmentina, Symonds. Malaga ; Ruth, Rendall,
Sierra Leone—sailed February 28.
Mirsoitn, MAY 4,—Arrived the Queen of the Isles, Lewis,
from Messina; Carshalton Park, Dove, Sierra Leone.

BILIXHAM, MAY 4.—A hogshead of oil, marked on the
head Al. 1., has been picked up off the North Foreland, and
brought in here.

MONEY and COMMERC/AL NEWS.
CITY, TWELVE O'CLOCK.

LIVERPOOL COTTON MARKET, 3111" s.—The market still
continues depressed ; the sales scarcely realise 2,000 bales to
the trade. In specula•ion or export nothing has transpired.
Prices for all de criptions remain stationary.
LIVERPOOL SHARE MARKET, MAT 5.—A very limited
business has been transacted in the Share market to-day :
Eastern Counties, 9; Edinburgh and Glasgow. 37 ; Edinburgh
and Leith, and Newhaven, 3i ; Glasgow, Pal ley, and
Gr. enock, new Shares, 2i ; Grand Junction, 208 ; Great
Western, 111.
MANCHESTER STOCK EXCHANGE, MAY s.—The Share
market to-day has not been very animated, but prices uron
the whole are steady :—Manchester and Birmingham, 25i
251; Manchester and Leeds. 54 55 ; London South Western,
574 53% ; Ditto, Tenths, 41 45 • North Midland, 764 774 ;
Ditto, New, 38 39 ; Great Western Halves, 641 65i-
Bant of Manchester, 1.

Her Majesty's packet. Tyrian, has arrived from the West Indies,
but brings no intelligence respecting the President. She sailed
from Barbadoes the 16th of March, St. Lucia and Martinique
on the 17th, Dominica on the 18th, Guadaloupe and Antigua
the 19th, St. Kitts the 20th, Tortola the 21st, St. Thomas
the Ist of April, Porto Rico the 2d, and Hayti the 4th. She
brings a freight of 80,000 dollars.
We may still cling to some hope, as the above dates are
not late enough to hear of her arrival in any of the above
islands, as the President sailed from New York on the llth
of March, and must have encountered the storms on the 12th
and 14th of March.

We have received Jamaica papers to the Ist April. State-
ments of the debts and assets of the Banks of Jamaica on the
31st December, 1840, as also of the amount of its Notes pay-
able on demand, in circulation December 31, 1840.
Notes in circulation ... £167,401 0 0
Other Liabilities

£257,465 18 1

December 31, 1840.
Specie and other A55et5......... £440,976 3 8

Her Majesty's schooner Pickle arrived on Friday from ti
Martha and Carthagena, and the c•rcomstance of that vessel
having brou4ht a large amount in specie, viz. 67,000 dollars,
was hailed as a harbinger of good news, and led to an expec-
tation that peace and order w ere resuming. These hopes
however proud, vain as the contest between the hostile parties,
continued unabated.

In the Calcutta papers we have accounts from New Zealand
to the 22d November. It appears that the Colonists were
active in exploring the country, and the Gazette from time
to time pubshes the result.
Government were offering mechanics from is. 6:1. to 9s.
per diem, with provisions at cost price, and a piece of land
to dwell on.