The Sun.
London, England, 1841-05-10 00:00:00

EVENING EDITION...
QUEEN'S BENCH.-(THIS DAY.)

HUGHES r. JENKINS.
Lord DENMAN gave judgment in this case. It was an action
brought to recover a sum of 50/., being the amount of a bet
alleged to have been won by the plaintiff from the defendant.
The bet was 50 to 1 that a horse named Blsomsbury had won
the Derby, and the averment was, that at the time of making
the bet—namely, the 6th May, 1839, Bloomsbury had won
the race. The defendant pleaded that the bet was illegal,
being laid upon the event of a horse race, and the ques.
tion was, whether a wager upon a horse race which had
been already won and decided, was illegal. It was
clear that, by the statute 9th Anne, if that statute
applied to a bye-gone horse-race—the words were, that any
person laying any wager upon the event of any horse-race,
&c., any per,on so winning any sum over and above 101., shall,
upon conviction, forfeit five times the value of the sum so won.
It followed that an action could not be maintained upoz a bet
so won. Could it be said truly in the present caVEat the
plaintiff had won a sum of money on the event of a horse-race ?
It appeared to the Court that no latitude of construction could
bring such a wager within the statute, the. bet evidently de.
pending upon the accuracy of the information of either party,
as to an event already decided. The judgment of the Court,
therefore, must be for the plaintiff.

THE QUEEN V. FALL AND OTHERS.

The Coo a: gave judgment in this case. It was an application
to review the illa.ter's taxation, on the ground that in point of
fact he had no authority to tax the costs of a writ of mandamus,
without a rule being obtained from the Court especially for that
purpose. he writ had Leen sued out against the parish
officers of Lambeth, and the return having been traversed,
sent to a jury, who found a verdict for the Crown. The
question was whether the costs of the writ of mandamus could
be included in the verdict of the jury, and that depended upon
the construction of the last clause of the statute Ist William IV.-
for making some further provision for costs in cases of manda-
mus. But that clause did not interfere with the provisions of
the 9th Anne, chap. 20, which provided that where a prosecu-
tor traversed a return, and that the defendant took issue, and
that before a Jury the prosecutor recovered a verdict, he was
in that case entitled to such costs as if the defendant had made
a false return. There was a proviso that.on a proper applica •
tion being made the Court had the power of depriving a party
of his costs ; but in the present case, in the absence of any
such application, the Court was of opinion that the prosecutor
having succeeded in the trial, was entitled to his costs. The
rule therefore must be discharged.

BAIL COURT.-(THIS DAY.)
Mr. Justice CQLEIIIDGE sat at Nifi Prius, and was engaged
the whole-morning in trying an uninteresting case of disputed
account.

EXCHEQUER.-(THIS DAY.)
Lord ABINGEIL sat to-day with a Middlesex Jury, and dis-
posed of a great number of undefended causes. None of the
facts were of any general interest. His Lordship having dis-
posed of all the causes on the list, rose a little before one o'clock.

CRIMINAL COURT'-(THIS DAY.)

OLD COURP. •
These sessions commenced this morning, before tke Right
Hon. the Lord Mayor, Recorder, Alderman Carrdll and the
Sheriffs.

As soon as the Grand Jury had been sworn, the
RECORDER delivered his charge to the following effect :
The cases comprehended in the, calendar did not present any
matter requiring particular comment from the Court. He
should, however, make a few remarks on one case. He would
first, however, remind them, as one of the gentlemen of the
Grand Jury had intimated a wish to be absent on a particular
day, that the law required Grand Juries to ome to
a decision by a majority of the number, and it was
not absolutely necessary that the whole of the gentlemen
be present at the same time, he hoped that the privilege would
not be taken advantage of unless urgent necessity re-
quired it. The case which he would draw their
attention to, was one in which two wives were
charged, as appeared from the depositions, with having re-
ceived stolen goods, well knowing that the articles were
: stolen The law, he regretted to say, in cases of this
de-
scription, was not so define eas he thought it might be. In a case
of a similar description Mr. Baron Gurney said, that generally
speaking, the law cid hot impute to the wife offences when
they were committed at the instigation of the husband; but if
she acted without the knowledge of her husband, then would
she be responsible as on her own account.; but however the ex-
tent of the wi e's liability, in cases of stolen goods, did
not appear t...) him (the Recorder) to be very clear. The ease
that he would draw their attention to in the present instance,
was that in which two men had stolen a considerable quantity
of linen ; an:i after they were in custody, the wife of each of
them had conveyed the property away, not perhaps with a
view of turning it to their own profit, but for the purpose of
sheltering the husbands from a prosecution. Now, it ap-
peared to him that the conduct of these women had not.
been under the control of their husbands ; it would there-
fore become the duty of the Grand Jury, if they thought the
evidence sufficient to find a true bill. With these remarks he
would dismiss them to their duties. Scine of the other cases,
though they were heavy, required no observation, as they were
cases of fact, and involved no point of law.

LLOYD'S SHIPPING—(THIS DAY.)
LONDON, MAY 10.—Wind this day at noon fresh South-
westerly breeze, rather cloudy.
DEAL, MA' 9.—Wind W., moderate.—Arrived the Lord
Laumara, M.Lean, from Port Philip ; Henrietta, South
Seas ; Earl of llardwicke, Calcutta ; Tobago, Boyle, Anti-
gua; Ealny Grove, Falconer, Dominica; Warblington, Cadiz,
Platina, Mediterranean ; Walter Hamilton, Westward Mail,
(schooner,) oi'"o ; Hinsinonarch, Sheerings, for Portsmouth.
Arrived from the River, Martha, for Demerara; Ceres, ditto;
Undaunted, Malta ; China, Sydney, New South Wales ; Am-
phitr►te, Mauritius ; Vixen, Cape of Good Hope ; Eliza, Wil-
liams, Trinidad ; Gour, M'Lean, Cape Coast Castle ;
Dewdrop, Nliramichi ; Alariner, Quebec. Put back, the
Boadicea, for Rio Janeiro; Ceres, Demerara.

LivEnrooL, May 9.—Wind light.—Arrived the
Lightning, Melhpiish, from Monte Video; St. Vincent, Shep-
herd, St. Vintfnt; Splendid, (rokcr, Mobile; Sheffield,
Allen, New York, sailed 15th ult. ; Amazon, Holmes, ( al-
cutta; John, Gailow, Bombay; Herald, flay, Cuba; Richard,
Krallt, and Stadt Cammen, Miller, Stettin; Neptunus, Voss,
Rostock. Sailed the Royal Saxon, for Bombay ; Cantab,
Rio Grande ; Matthew Pearce St. Thomas's ; Ohio, New
York; Navigator, Manilla; Enchantress, .Calcutta; King-
ston, Demerara ; Brooklyn, New York ; Leigh, and Shenan-
doah, Philadelphia; Ellen Bryson, St. John's, New Bruns-
wick. Arrived off, the John o'Gaunt, from China; London,
and Livingston, Calcutta; Syren, and Lancashire Witch,
Buenos Ayres ' - Triumph, Monte Video ; Mountaineer, Rio
de la Hache ; Washington (ship, not sure.) The Chronicle,
hence to Algiers, is totally wrecked near the latter port; crew
saved.

DOVER, MAY 7.—Arrired off, the Ware, Cummings; from
St. Michael's ; Hoppett, Trepani.
IN THE CHANNEL.—The Trident, Smith, from Porto Rico.
ItYE, MAY B. Sailed the George Marsden, for Quebec.

PORTSMOUTH, MAY 9.—Wind S. S. W. —Arrived the
Nymph, Parnell, from St. Michael's ; Gambia, River Gambia;
John Frederick, Matanzas ; Toronto, New York.

MONEY and COLviiVIEKCIAL NEWS•

CITY, TWELVE O' CL 0C K.
LIVERPOOL. COTTON .MARKET, MAY B.—Since our last re-
port our market has undergone no change. Prices of all de-
scriptions remained at Friday's quotations. The sales this day
comprise 2,000 bales, wholly to the trade.
LIVERPOOL SHAKE MARKET, MAY B.—The business at the
Stock Exchange this day has been very depressed :—Grand
Junction have declined 21. per share, and are now sold at 205 ;
Edinburgh and Glasgow, 37i ; Glasgow, Parley, and Greenock,
29i ; Ditto, new shares, 2/. Is. 6d. In Bank Stock has been,
sold South Lancashire, si; Borough Bank, 14h.
_ _ _

MANCHESTER STOCK EXCHANGE, MAY 8.--We have had
a flat Market to-day. Manchester and Birmingham, 95; ;
Manchester and Leeds, 51 to 53 ' • Ditto, Halves, 21; Bank of
Manchester, 7; Manchester and Liverpool Bank, UN. 18s. 9d. ;
Marine Assurance, 9i.

We have received Port Phillip Papers to the 3d of January.
" On Wednesday last a meeting of the colonists, convened by
the requisition of sa Magistrates of the territory, was held for
the avowed object of considering the recent instructions of her
Majesty's Government, relative to the division of Port Phillip
from New South Wales, and the remarks wade by some of the
Members o► the Council of Sydney, relative to this matter. Ist
Resolution, resolved—That this meeting receives with the ut-
most gratification the intelligence that her Majesty has been
graciously pleased to assign to this Province a part of terri-
tory commensurate with its growing importance, and of which
the boundaries are clearly deferred by the natural features of
the country, and in strict accordance with the desires and in-
terests of this community.
The despatch of Lord John Russell upon transportation has
been made public, by which it appears that Norfolk Island is
discontinued as a penal settlement for secondary punishments.
Goat and King Islands has been selected in lieu, or rather re-
commended.

British goods are very low. Timber has undergone a con-
siderable decline in value.

BOURSE OF AMSTERDAM, MAY 7.—At the opening of the
Bourse the price of the National Funds inclined towards a fall,
but during 'Change hours some purchasers made their appear-
ance, and the prices improved and remained above the prices
of yesterday. It was the same with the Ardoin's Spanish, thed
transactions were animated in the course ot 'Change hours, an
they closed higher than they closed yesterday. T"-a nota.
Half per Cents. 51 13-16 ; Five per Cents. 99i Ardoin's