The Sun.
London, England, 1847-04-21 00:00:00

irttrlT Vitittion

SUN OFFICE, Seven o' Clock.

DEAR ISAAC,—If you do not return the money
I entrusted you with, I shall be obliged to lay the whole
matter before my creditors, and leave you to their mercy.
Let me entreat you to think of your poor wife, who is almost out
of her mind. If you have parted with any portion of it, pray
return what you have left ; all may be arranged ; if net, you must
take the consequences. J. P.

NEWMARKET RACES.
(THIS DAY-BY EXPRESS.)

Handicap Sweepstakes of 20 sovs. each, and only 5 ft if
declared by ten o'clock the evening before running,
to go to the owner of the second horse ; for three yrs
old, &c. A.F.
Duke of Rutland's Paultons
Lord Orford's Tarella 2
Mr. Nevin's Remorse
Sir R. Pigot's Birthday
Sweepstakes of 50 sovs. each ; for three yrs old colts,
Bst 71b ; and fillies, Bst 21b ; not engaged in the 2,000
Guineas or 1,000 Guineas Stakes ; those by untried
stallions or out of mares that never bred a winner
allowed 41bs.
Lord Stradbroke's Coningsby and Mr. Watson's Dr.
Goodall divided the stake.
Match, 1000, h ft. T.Y.C.—Mr. O'Brien's The Tra-
verser beat Mr. Greville's Alarm.
Sweepstakes of 200 sovs. each, h ft. A.F.
Lord Glasgow's Conspiracy
Sir J. Hawley's Humdrum 2
Colonel Anson's lago
3

CHANCERY.-(THIS DAY.)
MOSELEY V. ALSTON.—THE NARROW V. THE BROAD GAUGE.
Mr. BETHELL commenced and concluded his arguments in
support of the decision of the Vice-Chancellor of England
overruling the demurrer put in by the defendants to the
plaintiff's bill.
Mr. J. PARKER followed on the same side. In the course
of the Learned Counsel's address,
Sir F. KELLY, on the part of the defendants, applied
to his Lordship for leave to give a notice of motion
for Friday next, if it should turn out to be necessary to dis-
solve the injunction which the Vice-Chancellor of England
had just then intimated to the parties it was his intention to
grant.

The LORD CHANCELLOR gave the leave asked.
This application was made and granted during the time
the Vice-Chancellor of England was giving his judgment.
Mr, JAMES PARKER then resumed his arguments, follow-
ing Mr. BETHELL.
At the conclusion of the Learned Counsel's address,
Mr. Wi',cox followed on the same side, and hat not
finished when the Court rose, at four o'clock.
The arguments will be resumed the first thing on Friday
morning.

VICE-CHANCERY.—',THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
MOSELEY V. ALSTON—THE NAItHOW V. THE BROAD GAUGE.
Mr. ROLT commenced and concluded his address, following
Sir F. Kelly and Mr. Stuart, on behalf of the defendants,
against the motion for an injunction made by the plaintiffs.
Mr. G. RUSSELL followed on the same side.
His TloNoun, at the conclusion of the arguments, gave
judgment, granting the injunction.

QUEEN'S BEN CH.-(THIS DAY.)
(Sittings in Banco before Lord Chief Justice DENMAN and a
full Court.)
THE QUEEN V. DUNN.
At the sitting of the Court this morning, Mr. Dann, the
barrister, was brought up upon a writ of habeas corpus from
the Queen's Bench prison, for the purpose of moving an
arrest of judgment, and for a rule to show cause why a
former trial, in which he stood charged with perjury, and in
which a verdict of guilty was returned against him, should
not be set aside, and a new one granted, on the
ground that the evidence which could have established a
clear case in his favour had been rejected.
The defendant entered into a long and rambling statement
of facts, with all of which the public are well acquainted from
the proceedings upon the trial. The principal fact upon
which the application was grounded, was the non-admission
in evidence of certain letters written by Miss Coutts
to Lord James Stewart, by comparing which with
certain letters in his own possession, and alleged to have
been written by Miss Coutts to him, he would have been
able to prove that the letters he had received were in the
handwriting of the prosecutrix. He also submitted that as
Miss Coutts had declined, when on the trial, to give him
certain information, for which he asked, she, as
a principal witness declining to give all the
information in her power upon the case before
the jury, was not entitled to any credit, and
that the case ought to have been stopped. The question sub-
mitted to the jury was not a question as to the amount
mentioned in the affidavit—it might have been 1,000 pence
or 1,000 pounds. The affidavit was perhaps false in fact,
and false in law ; yet the question for them to decide was
whether, at the time he (Mr. Dunn) swore it, he be-
lieved it to be tree. He called upon their Lordships to in-
vestigate the case, and he was sure that if justice had
not been done already, their Lordships would, without hesi-
tation, remedy the evil at once. With regard to the affidavit
which he had sworn, it was not an affidavit under the Act
sth and 6th Victoria. The Act was silent as to the form in
which the instrument should be drawn up, and it mentioned
distinctly the parties before whom only such an affidavit
ought to be made, and, as the document had been sworn in
the Court of Bankruptcy, a place not mentioned in the
Act, it was certainly not a valid one under the
Act, which regulated the making of such affidavits,
and ordered them to be made before authorities entirely
distinct from that Court. Anything relating to bankruptcy
was not of necessity committed to the Court of Bankruptcy.
The matter when brought before the Court of Bankruptcy,
under this particular form of affidavit, was coram non
judice.—The applicant concluded his remarks (which occu-
pied four hours) by lengthened references to the different
Acts relating to bankruptcy, in support of the view which he
took of the informality of the affidavit.
After a short consultation among the Learned Judges,
The LORD CHIEF Jusricz said—l think it right to read
my notes of the trial, in order that if there is any ground of
doubt whatever we may take into our consideration. There
may be probably some point upon the affidavit upon which,
at all events, we may grant a rule. Ido not see any other
matter which requires the decision of the Court. (His Lord-
ship then read his notes of the evidence adduced upon the
trial.)

At the conclusion, some further deliberation took place
upon the bench.

The LORD CHIEF Jusnas said that there certainly was
some difficulty about the construction of the Act of Parlia-
ment, and upon which the decision of the Court would be
given at some future time.

RAILWAY COMMITTEES.

(THIS DAY.)

HOUSE OF COMMONS.
GROUP I.

The Select Committee appointed to consider the merits bf
the schemes comprised in this group, re-assembled at the usual
hour this morning in Room 30; Mr. W. 0. Stanley in the
chair.

THE BRIGHTON ran) /LENT SCHEME.
Mr. Rice, M.P. for Dover, gave general evidence in favour
of this scheme.
Mr. Selby, land valuer, proved that the value of the land
to be taken between London and Tunbridge and Maidstone
was 99,7681. 4s. 6d., including compensation and severance.
Mr. Austin, another land valuer, proved the value of the
land between Maidstone and Canterbury to be 60,3871.
Mr. W. A. Wilkinson, the deputy-chairman of the Lon-
don, Brighton, and South Coast Company, was next
examined. He stated that no inconvenience had resulted
to the public from the joint use and occupancy
of the Croydon line. He had for two or three years past
attended the various meetings which had been held in :-he
county of Kent to consider the various projects which
were from time to time got up for supplying the county
with railway accommodation. He attended the different
meetings held in February last to consider the two schemes
before the Committee, and certainly it appeared to him that
their meetings were unanimously in favour of the Brighton
line. He was an advocate for appising competition to
railways, because it tpna.d to advance public convenience
and advantage. The original estimate of the Croydon line
was 140,0001., the actual outlay had been one million.
Mr. Wilkinson was cross-examined by Mr. MERE-
NETHER-11e was aware of the low scale of fares which
the Brighton Company were prepared to submit to the Com-
mittee, but he had never stated a lower scale at any of the
numerous public meetings he had attended, nor had he ever
pledged the Brighton Company to charge the low scale men-
tioned by Mr. Talbot over all the existing Brighton lines,
though he believed that the company were quite ready to
do so. Last year he admitted that there was no case for
their going beyond Maidstone, or indeed for their going so
far as Maidstone, but this year the case was altered. He
was decidedly an advocate for competition on railways, that
was, so far as biddings for new lines were concerned. Last
year the Kent Atmospheric Company bid for their line fares
as low as lid. per mile for first-class passengers, and
charges In the same proportion for the second
and third-class passengers, and had that bid been
accepted, he felt convinced it would have succeeded. The
first outlay on a railway was of minor importance as an ele-
ment in estimating fares. The regulation of the charges
to the public depended more upon the cost of work-
ing. What he meant by competition was not the
running of two parallel railways to one point, but
two companies having "'ill the power to work over por-
tions of the same line upon equal terms. For instance,
the Ports manoctuttliheD rect line would be open to the South-
Western,an interest in Brightongetting the Company,
effect of always insuring and both would have
emost traffic, which would have the
low fares to the public. That was
a wholesome system of competition, but competition in the
case Of tWO parallel lines wot ever be ruinous, and produce
disadvantageous results to the.
c.
On examination by the CuaattmAa, Mr. Wilkinson stated
plate running the
that the Brighton Company did not contemplate
because with the level
continental traffic rid Canterbury,
line of the South-Western Company theils
perforatednhabou
extension
going by way of Tunbridge could bejoutrnteye
same time as going by way of Canterbury, orgaigy 13 rob able
line from Canterbury to Dover. It was hi
that eventually there would be an amalgamation, or some
arrangement come to between the two companies.
EYGDIEEIZING EVIDENCE.
Mr. Sherrad stated that he had laid out the Brighton line
under the direction of Mr. Cubitt. The line of the Brighton
Company was four miles shorter to Tunbridge than
the proposed South-Eastern line. The new line to
be constructed by the Brighton Company between
London and Tunbridge would be twenty.five miles, six fur-
lopgs, and two chains. The present distance from London
itinaablikettet., forty-one miles. To reduce that distance
he,--Ooald-•-borve, to encounter considerable heavy works,
but- I although costly, they would be easily sur-
Mounted. At Oitiord he encountered a tunnel of 2,596
yards in length;,! similar to the one Mr. Stephenson
had upon his line,agst year at the same point. The next
large work' was tritunnel in the neighbourhood sf Seven
. Oaks, 2,536 art length ; but the strata were firm and
and Ates, tiertnel could be easily made. From that
boring to ,--Wabefdge there were no very material works
encountered t. 7
The Committee adjourned at the usual hour till twelve
0 clock to morrow.