The Sun.
London, England, 1840-11-24 00:00:00

Mr. D. Pouocx was heard in support of:the rule.

Tho COURT, in pronouncing it; *judgment, obierved
that it should be distinctly understood when a rule was
moved for, stating that. the refusal of the Commissioners
to do any duty imposed on them by law, arose from the
circumstance of a judgment of a Court of Quarter Ses-
sions undergoing revision, that no judgment of the Court
of Quarter Sessions, or any other Court, could justify a
public officer in refusing to perform a duty which the
Court of Queen's 13.nch thought was legally imposed
upon him by law. It was of the highest importance that
that should be distinctly understood. The Court was of
opinion that there was no sufficient foundation for the ap
plication, and the rule therefore must be discharged.

THE QUEEN V. JAMES OAKLEY.

The defendant in this case had been indicted and found I
guilty of a nuisance in February 1839, by throwing mud,
sand, and stones into the river Thames, at Battersea.
The prosecution had been instituted by the Corporation
of the City of London, as Conservators of the river Thames
The defendant now appetred upon the floor of the Court
to receive its judgment, and several affidavits having been
put in and read, Counsel for the prosecution stated that it
was not the wish of the Corporation of London to press
for any severe punishment upon the defendant, their only
object in instituting the prosecution was to protect the
lives of her Majesty's subjects, which were endangered by
the obstruction of the river.

The defendant was .then called upon to enter into his
own recognizances to appear and receive judgment when-
ever required, and it was intimated that if the offence was
repeated be would be severely punished.

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice PATTESON.)

THE QUEEN V. THE TRUSTEES Or THE CHURCH OF THE
PARISH OF BISHOP'S STORTFORD.

Mr. COCKBURN applied for a rule calling upon the
Trustees of the Church of the parish of Bishop's Stort.
ford, to show cause why a mandamus should not issue cam.
mending them to pay Mr. John Theed certain moneys lent
by him to them. It appeared, that some years since, the
parish church of Bishop's Stortford was out of repair,
and a local Act of Parliament was procured, enabling cer-,
tain Trustees therein named to borrow money for the pur-
pose of repairing the church. Mr. Theed advanced
money to the Trustees for that purpose. The church
was now repaired, and the only thing remaining
to be done was to repay the money borrowed, but
the Trustees had neglected to hold meetings, and
Mr. Theed had not received either principal or interest
for some time past. Application had been made to the
Trustees, but no answer had been returned to it. Applica-
tion was made to the Churchwardens, but although they
had levied a rate, and had upwards of 2001. in hand, they
stated they could not pay Mr. Theed unless they were
ordered to do so by the Trustees.
Mr. Justice PATTRSON—You may take a rule.

During the course of the reornini,
Mr. Justice PATTSsoN left the Court for the purpose of
attending the City, and shortly afterwards
Mr. Justice CCLERIDGE took his seat upon the Bench.

- -
FEES OF SHERIFFS' OFFICERS-PATTERSON V. NEWTON.
- - - - • • - •

In this case a writ of fieri facias had been issued against
the defendant, and an execution levied by Richard Cox, an
officer of the Sheriff of Surrey. The Act only entitled
the officer to a fee of a guinea over and above which Cox
had taken 21. 10s. under the denomination of fees, among
which was what he called an accommodation fee. A rule
was applied fur calling upon Cox to show cause why he
should not refund the 21. lOs —Rule granted.

--
THE QUEEN V. THE MAYOR OF LICHFIELD.
Mr. WIGHTMAN applied for a rule calling upon the Mayor
of Lichfield to show cause why a mandamus should not
issue, commanding him to insert in the Burgess Roll of
that Borough the name of John Mott. It appeared that
the applicant had resided for more than three years in a
part of the Borough calle" the Close, and that he had
given in his claim to the Town Clerk in proper time. At
the revision of the lists, various objections were taken to
the notice. The Mayor, Mr. Thomas Adey, was of opinion
the notice was invalid, but the two Assessors, being the
majority of the Court, being of opinion it was valid,
they proceeded to hear the case. The Mayor was of
opinion that the claim was not made out, the Assessors
being the majority of the Court, were of opinion that it
was made out, and desired the Mayor to insert it in the
burgess roll, which he refused to do, and application was
now made to the Court for a mandamus.—Rule nisi granted.

COMMON PLEAS_(THIS Day.)

(Sittings in Banco.)
FELL V. ROSSLIN.

In this case the plaintiff first employed Mr. Cornwall
B. Wilson as his attorney, but in the course of the pro-
ceedings took the matter out of that gentleman's hands,
and placed it in those of Mr. Govatt, tho latter having
given Mr. Wilson an undertaking to pay him his
costs in the action up to that time. The ver-
dict was for the plaintiff, and Mr. Govatt having
recovered from the defendant, applied on the first day of
this term for a rule to tax Wilson's bill, in order to enable
him (Govatt) to get rid of his undertaking to pay the costs.
The Sor.icieron-GENERAt, to-day oppc.sed the rule on
behalf of Fell, who has withdrawn his business from Go-
vats, and again transferred it to Wilson. The Learned
Gentleman contended that Govatt had no right to inter-
fere between him and the other, who was now his attorney.
Mr. Sergeant BomPas supported the rule, but Mr. Ray,
the master in the cause, interposed, and said there
necessity fur the rule, as Wilson's portion of
ihde
costa
amount
easimorely be
tha appn
about 15/.ortioned. T
Upon the statehe sum in disputnie
nt of this fact—
wastoco nould

1)11.1014.
The Loso Carer Jocrtek observed to Mr. Sergeant
Bompas—And you came hero at an expense of 304, when
tte whole matter could he settled without expense, by the
reasonsummonshave
tthe
call Judge,
for Wilson's bill to be taxed, and which is already out ? hat
make him pay the costs ? Why should Govatt, who has
received the whole of Wilson's costs, now seek to lower
the amount, and put the difference in his own pocket ?
Rule refused with costs, on condition that Wilson
should go before the Master on taxation of Govatt's costs,
and agrce to abide by that taxation for his own costs.

R VE.KING

FRELiVIASONRY.

-4.-- -
TO THE EDITOR OF THE SUN.

SlR,—The courteous and immediate attention paid
to my last letter demands not only my individual thanks,
but also the thanks of your numerous masonic readers.
Although a very humble member of the craft(one of
" the people" thereof), that letter has created a sensa-
tion. The principal party alluded to has taken such
serious alarm thereat, as to condescend to allow a trick
to be pl.tved off which it is to be hoped, for the honour
of Masonry, will be scouted indignantly by the free
brethren, however it may succeed among the toadies
and recusants. The craft at large will hesitate to be-
lieve the following facts :—Several red-apron lodges,
where toady masons prevail, have received copies of a
petition, which has been handed round after dinner,
" when they have well drunk," for signatures, without
any comment, and many have signed without reading
the contents ! Masonry will recoil at this " begeng-
letter" business. It is to request a certain " big wig"
to allow himself to be put again in nomination on the
important 2d December, because he has behaved himself
well during a late unfortunate investigation. Really,
as the publicans say, the sinners have drawn it very
mild. But the disgusting farce is playing every night
in certain lodges. Solicitation and intimidation have
united to get up a demonstration of strength, arising
out of palpable weakness. Canvassers arc roaming the
streets, button-holing the unwary, entrapping the timid,
and tyrannically coercing those on whom certain views
as to " business" may take wicked effect I can
scarcely give you an outline of this deplorable and des-
picable shift to mislead the honest-minded, to degrade
the obligated brother. But, with permission, I will
again address you. Meantime, it is fervently hoped
that the success which resulted from the memorable
struggle for Free-masonry on the 30th of October, will
not, be lost in inglorious oblivion.
YOUR CONSTANT READER, AND AN
Nov. •_'>t. AFFLICTED AIASON.

LWe have published this.letter, as it may perhaps be
intelligible to the craft. To the uuinitiated, certainly,
it h a mystery.]

SPONTANEOUS COMBUSTION OF COALS AT
SEA.—Tire bark Amazon, of this port, Clarke Campbell
master, sailed from Pombrey (near Llanelly) on the 9th
of May last, bound for Bombay, with a cargo of coals. On
the 4th of June, in lat. 9. 29. N., long. 25. 20. W., a
large mass of coals ignited from spontaneous combustion.
The Captain writes, that " they broke out in a solid body
of fire." He immediately got the hatches well battened
down, and every place well stopped up by which air could
enter, in order, if possible, to smother the burning,. On
the tith he opened the hatches, but the heat and sulphurous
smell prevented the possibilitj of going below, lle then
closed them again, stopped up the scuppers, and through
holes bored in the deck poured from the head pump and
with buckets so much water mem the coals, that by next
day there were five and a half feet of water in the kohl.
and the coals, as Captain Campbell writes, " well cooled
down." The same evening they commenced diseliarginK
the heated coal and cinders, and threw overboard about
250 tons, before the Captain could consider the ship safe.
He had been running for Demerara the two days priced.
ing, having had his boats in tow from the commencement
of the lire. He now bore away again for Bombay. But
the misfortunes of the voyage did not end here. Oa the
4th of July, in very heavy weather, the ship sprung her
mainmast, and, whilst they were ge!ting it secured, the
boatswain, carpenter, end three of the seamen d.clared
that they would not work unless the Captain would run
the ship for sonic port in Br.z 1. Captain Campbell
called them into Lis cabin, and did his utmost to persuade
them to return to their work He gave them, also, till the
afternoon of the same day to consider of what he bad said
to them, but finding then that they still refused to work, he
put them in irons, and kept them in confinement during
the remainder of the voyage. One of the crew was sick,-
besides the five who were refractory. To the Captain.
therefore, and the remainder of the crew, who, under God,
with great labour and perseverance, and in much exhaus.
tion, carried the ship safely to Bombay through such inarni-
nent perils, great praise is justly due.—Liverpool Albion.
Letters have been received this day from Port
Phillip to the 18th July. The ships Andromache, Coro,
mandel, and Theresa. with numerous passengers from
London and Plymouth, bad all arrived out safely ; and
the passengers landed in perfect health.

GIGANTIC SKELETON.—As the workmen of
Messrs. Barry and Jones were digging a new paint..pit at
Llanlinna, near Almlwch, they discovered, within three
feet of the surface, a stone urn, on opening which they
found a human skeleton in a high state of preservation,
measuring the extraordinary length of seven feet six inches.
The skeleton throughout was quite proportional to its
length, and in very perfect condition. The urn appears
to have been made from the Aberdovey limestone, and
had the appearance of being much corroded by time. It
bears no inscription to throw on its history any rays of in.
formation to gratify the inquiries of the curious respecting
this gigantic " remnant of departed years." From the
rude nature of this urn, or coffin, it seems probable that
the body had been first laid in the grave, aed limestones
placed round its sides and on the top only, which, from
the length of time they had lain under ground, had
become cemented together.-- Welsh Paper.
VOYAGE OF DISCOVERY.-The Monuleur
publishes a report from Captain Delmont d'Urrille, corn.
tnandant of the Astrolabe, who, as we have already no-
gipaZenci eaedd%l
isttneihu,ogelfainif
vv
Hobart
visited
idti
es
4eTtl.dioejoeenvcdhganAtvvouoeoc:trk' aietilgpeha
oeneerdoat2esfsitdsCtellirlfariniCoiodllimpsmo Februarynti
and
ty
d gftallotNi
etoli7anm:v,
et
it.Ghet the Heed, has just returned to Toulon with his ship and the
pro..
misled by
The captain has ascertained that no strait exists beahutleAwiannfeeetdezaen::
Louisiana and New Guinea, and, therefore, that the great
island of D'Entrecasteaux is, in reality, the eastern end of
New Guinea. In Torres' Strait, having been
Bligli's survey, the two ships entered a false channel, and
' got on some coral reefs, where they were in great danger,
but ultimately got off without springing leaks, and they after.
wards completely surveyed these eangcrous coasts. He was
at Timor or, the 20th of June, and at Hour ben the 22d of
July. On the 9th of September the captain left St. He.
lena, and proceeded direct to Toulon. lie strongly re.
commends future navigators to explore the districts ad-
joining Cape Rodney, in New Guinea, which, he says, are
some of the most beautiful spots in the world.
THE LATE ACCIDENT ON THE YORK AND
NORTH MIDLAND RAILWAY. --Ou Tuesday the inquest on
Sarah Cousens was resumed in the Town-hall at Selby.
The proceedings occupied that day and part of Thursday,
when, at the close if the evidence, the Coroner summed
up, and the room was cleared for the jury to consider
" how and by what means Sarah Couacns came to her
death." At first the discussion was in a low and concilia-
tory tone, and hopes were entertained that they would soon
agree upon a verdict. But about three o'clock " the battle
of
sent
words"increased,
onertin
and soon
thaoonat there wasfterwardsa n
request
hope
questwas
to of
their coming shortly to a decision, and desiring to be pro-
vided with some refreshments. The Coroner declined to
coreplc with the request. They then resumed the " con-
sideration of their verdict," and at six o'clock, they being
then as far from agreeing as ever, a second and more
urgent request was sent to the Coroner, who or-
dered them " reasonable refreshments." After partak-
ing of these, the contest (which, we understand, was
as to the amount of the deodand) was continued until twelve.
As midnight approached some of the jurors became very
violent to each other, and there being no probability of a
decision being come to, the Coroner discharged the jury,
binding them over in their own recognizances. to appear
b,t!oovyrentolitenJhuadtgwill be
esatthc
thencretl
result
esihAgsusitasret
break.We
k
lug up" of a jury, but an opinion is confidently expressed
chati colo
cutueonafnutr_therpnreol Sircee Fredericidirg
proceedings will
Smith,
sbett, the
taken in the matter.)
LGovernment
Commissioner, was this day engaged in investigating the
circumstances attending the accident. The Marquis and
Marchioness of Normanby passed along the line during the
forenoon on their way from Mulgrave Castle, near Whitby,
to London. The Noble Marquis alighted at the junction,
and entered freely into conversation with Sir F. Smith
and George Hudson, Esq„ the Chairman of the Directors,
on the subject.—York Herald of Saturday.
sgrtesai
survey,sptalnbc
'FILE WINDOW DUTIES.— Lms
iaensacsteuerte:see::
lie meeting of the householders of the borough of Mar)le.
bone took place at Chesney's Rooms, Foley-place, Oxford.
street,
etl:fl iofpnorocsrsresetehiabeslTeepdaldtrrolpul tomoisab,estaaolfniv.l eawsadti tnotypdomottal
adopting
cl repealNl a ro)fl thaton ewa s impost.a t six o'clock called to the chair, at which period there could
not have been fewer than one thousand persons present.
The chairman having explained the object of the meeting,
a resolution condemnatory of the measure and of tire pre-
sent Government was carried, with an amendment moved
and seconded by Chartists, a large body of which class
was present in the room, to the effect that to petition the
House of Corm-m.les as at eresent constituted was useless.
Another Chartist, named Farrow, moved a resolution cea-
suring the conduct of the entire of the metropolitan Mem-
bers, and in doing so, Mr. Walley came in for no small
esioranrteetoldfeadbuthsnetatmtrh.e
\h‘arankcliseoyf his late friends. The speaker_
all the rest, for he had promisewdamautehhe
thanfellow amongst
and performed the least. The only decent
promised
the least
them was Tom buncombe, for he h more greatest humbug
the others,o 1
was carried, and
and performed the most.
letter from one
NAPOLEON'S REMAialbe,
written on September the
resolutionandhoistheraddressed the meeting,
of the officers of the Astrolabe,
tvovinithboaust
tr ei
still at St. Helena, says :—" An
wMheiseshrs; aSsanvoatge; Cernynke quiet description.
ssA
7th, while that ship
war has been been sent here with commission.
English brig of
infnor odfeltiivreerirnegmathincsmouf up to
Emperor.
ready. We saw near the tomb a tent,
the French arc
tus for raising them wasplaced.
withdrawn rtahwe• n
which all the apparatus
under
bperes:'
ors to be preAselnit
• the Immense block of granite which covers the
the preparations h eexiium at
hope•
thata that
Englishthe edebs:e'drisythemdtaoysepulehre may still attract,
mewing e oanpsuesmdrerous pilgrims, at least some persons desirous
the spot where lay the man of inch universal
to convoy the body
s.
from the tomb to James Town. It is oblong, and covered
ofiaff:rmhanvievesoiyee. not numerous
i viewing the
the funeral car which is
with a dome, supported on tour columns, surmounted by a
i funeral plume. It is entirely covered wiLh black cloth,
ornamentedhorsesdressed in
wititdrapery in crape. It wi'd be. drawn by
four funeral
housings."