The Sun.
London, England, 1849-12-20 00:00:00

ITALY.

The Paris Patrie has the following from Rome
dated the 11th :—" The French troops which are here
are about to leave for France, and will be replaced by
others. All this is in accord with the Pope, who, I can
affirm, will soon return to the Vatican. The decision
is of very recent date. The retirement of General Ros-
tolan, and the appointment of General Baraguay
d'Hilliers invested at the same time with the mili-
tary command end with diplomatic functions, had
alarmed the Sacred College and the Pope
himself. The first interview of General Baraguay
d'Hilliers with his Highness was not a pleasant one.
The Pope said he was pleased with Portici, and
wished to remain. He passed a warm eulogium on
M. de Corcelles, and talked of the services rendered to
order and security by General Rostolan, and the
conference terminated with the Pope's saying that
he would be happy to see General Baraguay d'Hil-
Hers at Rome, but at a later period. The
General, who is rather susceptible, did not con-
ceal his disappointment at this reception. The
diplomatists, however, endeaVoured to remove this
want of good intelligence by their efforts with the
General on the one hand and the Pope on the other,
and they succeeded. The General had another in-
terview, and a frank explanation ensued. His High
ness told the General that a few days before he had
been solicited to visit Bologna before going to Rome,
but, as he thought this would be displeasing to his
good friends, he declined the invitation. He said that,
anxious as he was to be among his faithful people in
the Legations, he would quit Portici only to go
Rome. Ile added, From what has been re-
lated to me by Cardinal Castruccio Castracane,
and which agrees with other information in
letters from Cardinal Mai, better sentiments are
taking possession of the public mind ; faith revives,
and the churches are filled. The moment is therefore
favourable. I could have wished not to return until
the loan had been concluded. That would have per-
mitted me to adopt some financial measures, of which
my poor people have great need; but money matters
never advance fast enough, and if they are delayed
much longer, I shall not wait, perhaps, for their com-
pletion, for if Rome wants me, my heart yearns for
Rome.' This paternal language delighted the
General, who is now full of hope."

TATTERSALL'S—THIS EVENING
Six o'CLocx.

CHESTER CUP.
50 to 1 agst Lismahagow
66 to 1 agst Idle Boy
66 to 1 agst Chanticleer
66 to 1 agst Dough
66 to 1 sg,t Sir Richard
100 to 1 agst Hotspur

DERBY.
9 to 1 agst Bolingbruke
11 to 1 agst Knight of Avenel
20 to 1 agst the Nigger
25 to 1 agst Volopar—taken
25 to 1 apt Mildew
30 t 1 agst Mayors
40 to 1 agst B to Epirote
50 to 1 agst Windhound

THE HAWORTH FRAUD.- Further investigation
into the accounts of the Rochdale Savings' Bank are
stated to reveal d,ficiencius to the extent of 100,0004;
and although various gentlemen have subscribed each
several sums of 1,0004, yut the ultimate losses will
prove enormous. The widow of the late manager has
offered honourably to surrender everything to the
trustees of the bank, however, providing that she is
indemnified for the consequences. According to a
Leeis contemporary, hundreds of people do not believe
that the delinquent is dead, regarding the whole as a
deception to blind depositors, whilst ho escapes with
their money.—Liverpool Courier

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 19.
(Sittings at Nisi Prius, in London, before the LORD

CnIEF BARON and Special Juries.)

BADCOCK AND ANOTHER V. THE GREAT NVESTERN

RAILWAY COMPANY.

This part heard case was resumed to-day, at the
sitting of the Court, when Billings, the guard, whom
it was suggested on the part of the plaintiffs was
concerned in or had connived at the robbery, was
examined 071 behalf of the company. It appeared
from his evidence that he had laid out on the good-
will, lease, and incidental expenses of the beer-shop
as much as 6101. 4s. Sd. This sum he accounted for
within about 100/.
Sir F. THESIGRE having replied at considerable
length,
The LORD en tEr BARON delivered his charge to the

jury, in the course of which he expressed a clear
opinion that in point of law the company would have
been perfectly justified in refusing to carry the case
of bullion at the ordinary rates of conveyance.
Whether the plaintiffs had chosen or not to declare
the contents and value of the package, the officers of
the company might have inferred it to contain bullion
to a great amount from its appearance, and then, if
they had refused on behalf of the company to carry
it on the ordinary terms, he was quite clear that no
action would lie against the company for their refusal.
Bankers ought not to expect to send a chest contain-
ing 1,6001. in gold and silver coin from London to
Taunton for Bd. His Lordship also remarked that in
the course of his experience of half a century in the
Courts, be did not remember to have known so much
bullion entrusted to so feeble a package. Having
commented very minutely upon the critical situation
in which Billings was placed by this trial, and ex-
plained that though theoretically, but not practically,
he was being tried for felony, he told them that they
ought to expect a very exact calculation from him, in
accounting for the money he was proved to have spent,
and that they might well consider whether the profits
' of his business were not sufficient to cover any dis-
crepancy. The Learned Judge concluded by giving
the following direction to the jury :—lf they thought
the witness in the box (Billings), with reference to
the whole case before them, was the person who
VMS guilty of -this robbery, either by himself or with
the assistance of others, then they ought to return
their verdict for the plaintiffs; but if, on the other
hand, they thought the evidence did not satisfy them
that the case for the plaintiffs amounted to anything
more than a mere suspicion, then it was for the plain-
tiffs to make out that issue, the demand being for
1,500/, the defendants saying "you did not insure,"
and the plaintiffs replying "we assume ordinary,
risks, but this parcel was stolen by your own servant.'
That issue was to be made out by the plaintiffs, and
if, in their opinion, as just, reasonable, and cautious
men, they had failed to establish it to their satis-
faction, then they ought to find their verdict for the
defendants.

The Jury retired, and after an absence of nearly
two hours, returned into Court, and the Lord Chief
Baron having been sent for,
The Foreman inquired of the Learned Judge
whether they were to require direct evidence of the
guilt of Billings ; because they had assumed that they
could not return a verdict for the piaintiffs without it.
The LORD CHIEF BARON said he was not sure that
he quite appreciated what they meant by direct evi-
dence, but the evidence they ought to expect was such
evidence as would convince them- of the facts. It
rarely happened that absolute evidence of the fact
could be had from an eye-witness. In the case of an
atrocious murder there was first the evidence of the
murder, and then the question was, " Who had done
it ?" Very seldom, indeed, did it occur that any one
saw the deed done, but then various circumstances
we re put together which formed circumstantial
evidence so strong, as sometimes enabled a jury to see
their way clearly in convicting the accused party.
That would be the sort of evidence upon which this
case would be decided.

T he Foreman—We were under the impression, my
Lord, that your Lordship had directed us that the
plaintiffs had not proved the affirmative of the issue.
Tie Loao CHIEF BARON—Oh, no. That I ex-
pres, sly leave you to decide.
Ti ie Foreman—We must retire again, my. Lord ;
and ,hall be absent only five minutes, or not return

g ht.
.A juryman, as they were preparing to return to
their ;room, addressed his Lordship, and said that
being- extremely ill, and the inquiry having lasted
much longer than he expected, it would be utterly
impos Bible for him to remain in court much longer.
lie h; to request his Lordship, therefore, in case
they s *re not prepared to give a verdict shortly, to
allow . his physician to be sent tor, who, upon his
arrival, would give a certificate of the dangerous
state of his health, and upon that he trusted the
Court ss mid discharge him from further attendance.
The j ury returned in about ten minutes' time,
when th a * ame gentleman urged his request formally,
after it ha d been stated that no verdict had been
agreed up: 1.
The Lai :D CHIEF BARON ascertained tke name of
the ph Licit .n, and gave directions that he might be
sent for ins tantly.
Another juryman said he had left a relation dan-
gerously ill that morning. and that there was not the
slightest possibility of the jury ever becoming unani-
mous. it. vi 'as a case of considerable doubt, and they
would m vela prefer to be discharged without giving a
verdict. _ _ _

The 7, o$ I) CUIEF BARON, after remarking that the

illness of i t relation was no legitimate excuse for not
attending sttpon a jury, inquired whether the parties
would not :consent to the jury being discharged?