The Sun.
London, England, 1840-11-18 00:00:00

BAIL COURT.-(THIS DAY.)

._wy.:4:._.

THE QUEEN V. THE ALDERMEN OF MALMESBUItY.

In this case Mr. PETERSDORFF had obtained a rule to
show cause why a mandamus should not issue commanding
the defendants to admit John Emery as a commoner of
this borough.
Mr. BARSTOW this morning showed cause against the
rule, and having taken several preliminary objections which
were overruled, proceeded to argue the case upon its
merits. The real question et issue was whether a place
called the Home Gaston was within the borough of
Malmesbury or not. The Home Gaston was first built
upon in 1634, and the proprietors of it wished to try the
question whether it was within the borough or not—a very
proper question to be tried ; and had a proper person been
put forward to try it be should not have objected to the
writ issuing for that purpose, but he contended that the
applicant had nothing to do with the question ; he was
merely put forward by the proprietors of the Home Gaston
for the purpose of trying the question, and he trusted that
if he showed the Court this they would either refuse to
make the rule absolute or order the applicant to give secu-
rity for costs. before the issuing of the writ.
After eot,siderahle argument,
Mr. Justice PATTESON decided that the rule must be
made absolute, and that the motion as to security tor costs
must be made as a substantive motion.

COMMON PLitAs.—(THIS DAY.)

(Sittings in amen.)
This day the Court took the special paper. The first
ease was

PARROTT AGAINST TIIE STOCKTON AND DARLINGTON RAIL

WAY COMPANY.

The action was brought to try the right of the Com-
pan to charge an additional toll of 41d. per ton upon coals,
carried upon eel taro new inclined planes. The additional
duty would fall chiefly upon coal fur exportation. The
case was tried at Guildhall, and a verdict taken for the
plaintiff, in the effect that the Company was entitled only
to an addition of tNd. The facts were then turned into a
specid cas., which came on now for the judgment of the
Court.

Mr. SOLICITOR-GENERAL addressed the Court from
its sitting to 0.. e o'clock, contending, from the constitution
cf the Act, that the plaintiff was entitled to recover the
whole of the additional duty that had been levied upon
him. The arguments were purely technical.

EXCHEQUER COURT-THIS DAY

(Sittings in Barco.)
The COURT was occupied the whole day with the specie:
paper. Nothing of the slightest public interest arose.

BO W-STREET.-(THIS DAY.)

Thomas Richard Smith, landlord of the Crooked
Billet, Portsnieuth-street, was brought before Mr. JAR-
DINE, charged with stealing a quantity of tripe and cow-
heel, the property of Mr. Woods, of Clare-market.
Constable Rutherford, 7,F, stated that from information
received at the stat'uoi.house he had orders to watch the
prosecutor's boiling-house, in Bear-yard, and yesterday
morning seeing the prisoner come out with what appeared
to b 3 eats' meat, in a tin can similar to that produced, he
went and cornmuncated the eircutm,tanc.! lo the prose-
cutor. This morning while watching the premises, he
again observed the prisoner come out of the boiling-house
with the can apparently full of meat, and covering it with
his hand, and having followed him to Portsmouth-street
he stopped him with the property in his possession at his
own door. On questioning him how he came by it, he
said he had got it from one of the men in the boiling-
house ; and when the prosecutor was sent for the pri-
soner said he had received it from John Armsworth, who
worked en the premises.
John Armsworth proved that a few minutes before nine
o'clock this morning he saw the prisoner come lido the
premises, but he did not exchange a word with him, nor
did he see him go out agmin. He never gave the prisoner
the piece of tripe or the cow-heel produced.
The other men in the service of the prosecutor gave
similar testimony.
Mr. Woods said, that having for some time past re-
ceived a number of anonymous letters that property was
daily stelen from his remises, he gave information to
the Superintendent of the Police, and no later than yester-
day morning the prisoner's servant was seen taking away
property from the boiling-house. He had no doubt, from
the facility of removing such articles, he had been a loser
to a considerable amount, and he believed the property
' produced belonged to him, being part of fifty-one honey-
comb tripe that b ol been boiled this morning.
The prisoner declined making any defence, and Mr.
Jardine refusing to acct pt of bail or to remand him to
a future day, the case being complete, the witnesses were
bound over, and he was committed to Isl,wgate for trial.

The Right Hon. Francis T. Baring, M.P.,
Chancellor of the Exchequer, has recently presented a
valuable painting, the subject from Sir Walter Scott's
" Quentin Durward," to the town of Portsmouth, which is
to be placed in the Town Hall.
The Earl and Countess of Glengall attended a
temperance festival, at the Market House, Cahn-, on Wed-
nesday last. Her Ladyship sat next to Father Mathew.
The Duke of Sutherland has forwarded to the
Archbishop of York 1001. towards the restoration of that
part of York Minster accidentally destroyed some months
back by fire.
The Dowager Lady Colshurst, widow of the late
Sir Nicholas Conway Coltburst, Bart., died last week at
Lucan House.
The Bishop of Rochester, with Lady Sarah
Murray and Miss Murray, has arrived at the Deanery,
Worcester, from the Palace, Bromley, Kent.
Lord Lyndhurst will be formally invested with
the office of High Steward of the University to-morrow,
at his Lordship's residence in London, when he will give
a grand entertainment to a party of twenty-four noblemen
and gentlemen, to celebrate his election as High Steward
of Cambridge.
MURDERS AND NEWSPAPERS.—The number
of newspapers in England is about 230, and the annual
number of convictions fur murder is 13 or 14. The number
of newspapers in Spain, a few years ago, was 1, and the
annual convictions for murder were upwards of 1,200.

THE MARSEILLAISE AGAlN.—Saturday last
was the patronal feast of the church of St. Genes, in
the Puy de Dome. Tais annual solemnity was cele-
brated with the customary ceremonies, and one of the
galleries was filled with an orchestra of amateur singers.
" All of a sudden (says the local journal) the admirable
work of Rougot de Lisle (the Marscillaise) resounded
through the sacred edifice, and awoke in hearts filled
with divine love the not less sacred love of country !
Innumerable bravos' were heard, and the shouts of en-
thusiasm drowned the voices of the scandalised clergy,
who were engaged at the time in chanting the psalms.
The affrighted vicars hastened to conclude the service,
and dismiss the people, who had not feared to applaud the
song of glory and of tberty in the temple of Him who
was the bearer of liberty to the world I"
DERR STEALING IN WINDSOR GREA T PARK.
—During the past fortnight or three weeks deer stealing
has been carried on in the Great Park to an unprecedented
extent; and, notwithstanding the sharp look-out which is
now kept by the numerous keepers and their assistants in
the service of the Crown, the thieves have hitherto ma-
naged to carry on their depredations undetected. The
number of deer stated to have been missing, during the
past ten days only, amounts to upwards of SO. In some
parts of Berkshire and Surrey, contiguous to the park, es-
pecially in the neighbourhood of Old Windsor, it has
b!en stated that the finest venison has been offered for
sale at 6d. and 7d. per lb. The localities of Old Wind-
sor, Egham, and Englefield-green, abound with idle and
dissolute characters, the majority of whom are known to
get their living by poaching.
DRAFTING DEER FROM WINDSOR TO
DUBLIN. -- The stock of deer in the Phoenix Park,
Dublin, has long been considered to be very inferior to
that in the Royal parks in this country, and the long-con-
templated plan of improving the stock by drafting from
Windsor Great Park some of the finest bucks belonging
to the Crown has just been carried into effect. Twenty
bucks, varying from three to seven years of age, were last
week selected from the choicest herds in the Great Park,
and transmitted to the Lord Lieutenant of Ireland, for the
purpose of improving the breed in the Phoenix Park.
The widow of the late Thomas Drummond,
Under Secretary for Ireland, has given 1,003/. to the Na-
tional Board of Education, for the establishment of a
fiundation for training school-mistresses, to be called the
Drummond School. The Chief Remembrancer has given
2001. for the same object It is said that the `• Drum-
mond Testimonial" will be placed in the grounds attached
to these schools.

Lord Francis Egerton, M.P., has presented a
second donation of 1001. to the funds of the School for the
Deaf and Dumb at Manchester. Lady P. Egerton has
also forwarded 201. The munificence of the Earl of
Stamford and Warrington must not be omitted, for the
Noble Earl has contributed 100/ to promote the uses of
that excellent institution, being his fourth donation. Sir
B. Heywood, Bart„ has forwarded 50 guineas, and Mr.
Wilbraham and Mrs. Egerton 60 guineas.
MISAPPLYING THE FUNDS OF A POOR-
LAW UNION.—Mr. Thomas Bond, clerk of the Stroud
union, appeared en Friday last before the Bench of Jus.
tices at Stroud, Gloucestershire, to answer an information
laid by Henry Walter Parker, Esq., Assistant Poor-law
Commissioner, charging him with having embezzled and
wilfully misapplied the sum of 5/. 12s. 6d., belonging to
the funds of the Stroud union, which he received in April
last, and had neglected to pay over to the person to whom
he had been directed to transmit it until after the discovery
of his neglect. On the information having been read
to him, Mr. Bond pleaded guilty to the charge. This
Iva: the first c Ate in which the Commissioners bad come
forward to prosecute the clerk of a union for an offence of
this description; and, under these circumstances, they had
preferred pressing for a summary conviction under the
97th section of the Poor-law Amendment Act to a pro-
ceeding by indictment. In any future cases, however,
of misapplication of union funds on the part of a clerk,
the Commissioners ntould feel it their duty to mark their
sense of the gravity of such an offence by adopting the
most stringept course ;allowed by the law. The Bench
adjudged ilia) to pay the fine of Si., :and treble the amount
of the sum misapplied, making 21/. I7s. 6d. Mr. Bond
in toe cows, of the day pail in ,he amount, which was
subsequently handed over to the treasurer of the Stroud
union, to he applied, in accordance with the provisions of
the Act under which the proceedings were taken, to the
general purposes of the union.
NON-ARItIvAL OF STEAMERS.—This morn-
ing considerable excitement prevailed at the Customhouse
and other quays, from the non-arrival of several foreign
and other steamers, which, in their due course, should have
arrived yesterday evening. Up to 12 0',.120k this day
none had arrived. Several steamers, ihlt were to have
r i, • - ;
did nut proceed until near seven ;o,:ozen
steamers due on Monday last have not arrived yet, and
fears are entertained for their safety.