The Sun.
London, England, 1841-04-22 00:00:00

EVENING
NY'
QUEEN'S BENCH.--(TIIIS 11b
The Grand Juries were sworn in this morning Wove
Justice Patteson, who briefly addressed them on the nat
the duties they had to perlorm. •
THE QUEEN V. THE PROPRIETORS OF THE N0115..'"'
HERALD.
had been

Mr. HU3II.IIREYs said in this case a rule: 611;
tained by his Learned Friend Sir Frederick Pollock' d
upon the defendants, Vie proprietors of the Norihanirt
Herald newspaper, to show cause why a criminal inferres,
should not be filed against them for an alleged libel Wily
Midland Counties Railway Company. The article con,P„„
of as on the subject of an accident attended wifl, fa"ai
quences, which occurred Upon that railwav, d tlf.e-Prftle
of thc paper in question; Which was one ofd eat cireltlatioto
respect3bility, having paid considerable attention. ,ted
accidents which had occurred about that period, had ti'dt't
in their pave, aid the grievance of the charge was
defendants alleged iiat the accident arose from the neloe
the Railway Peoptieto;s; and a desire on their part to sadit,
pense, and that if there it:id been a more liberal Or!, *
the accident would not have iccurred. He believed tha,
the part of the d
article complained of, and on the part r,
fendants he had no hesitatio.l in stating as fully, fair,,l'ps
plainly as language could express it, that as regarded;th"a
of the article'beyond all doubt She information tbeY to e
ceived was not correct, and he ,o,..sired on their par
press the regret that such a stateeocnt should have been!tt
either avarice or neglect was the caus e
because unquestionably there was rro evidence to Slow ,f
accident was a very serious one, more , In•none life hat'
lost, and at the time several similar ones had taken- ri,,dbe
other railways, and the proprietors regrett et 1 that the;' ha
1
of the accident. be
led into such' a publication without due .inve'tigati° ‘CAD
hoped that apology would meet the views of Lhe
parry, and that the rule would be dischargen;
paving all the costs. "'
-Sir F. PouLoca, on behalf of the Railway e..o,ny and
-
quite willing to accept his Learned Friend's apot'gYp'd, 0
should be recollected that when these accidents ocqui74.,-t dee?'
haps the parties who of all the Queen's subjects n!6•7'1,/, dtr
regretted them, were those most frequently mixed
them. In the present case there was no pretence
that there had been any neglect on the part of the ht
the dele.
Company, for in fact it occurred under circumstances 'l',
the Railway Company had no control, because at the tlslh.
carriages were under the control of another Con.prY-,
generally speaking, was most properly and efficienlllco
cirted—he meant the Loudon and Birmingham Raildoo
pany. Some of the observations were undoubtedly calchuto
to hold up the Company as destitute of every feeling let
pity ; but it was right that he should state, that the ou
ject they had in view was to show• that neither Newsparriff
',victors nor any other persons, should indulge in asset ti
that sort, unless they were satisfied that they were
ally true.—The rule was then ordered to be discharged'

EXCITEQUER—(T TS DA.ver.
POE DEIL—LEGH V. ROE. er 14°
This was an action of epletment, brought to rec°t,
portion of e beach around Nurst
Toe SOLICITOR-GENERA ENERAL had obtained a rule for' t& 00
proceedings, cause against which iv as shown by Mr. .%,
tb
Mr. Bere, who contended that tNe property was no, „sin!
Crown, but in the officers of the I;9k.rd of Ordnance, ~,,,a,
go
whom a writ of ejectment would lie. 21- they were !'ert-ot
their attempt to try their right it would be a t:tnial °fine es,ie.:
subject. They were anxious to try the ripjlt in tilenew
manner possible—they did not want to be dria,en to
delay of
sity of bringing upon themselves the expense And
writ of intrusion.
The ATTORNEY.-GENERAL appeared in defence ef.ti:oo
regatives of the Crown. The Crown was in posses4o°e...tba
property through its servants belonging to the Grata: I.'ooo
was admitted by the service of the declaration in CJ iefsi°P
being served upon the Master Gunner, who was in P°s
and that being so, the action could not lie. bf
The SOLICITOR-GENERAL followed, but was st^PPedt ,
The COURT, who said the rule must be made absolo
was clear the property was in possession of the Cronn ;asiofl.
then, could the Crown turn itself out of that IcK:ssfree
Ejectment could not lie against the Crown; but. the try the
other modes of proceeding which would as effectuall
right, and to them the plaintiff must have recourse•—"'-
was made absolute.

COMMON PLEAS -(THIS DAV'
THE BRIGHTON RAILWAY COMPANY IL FAIROV)" I tbt
This was an action brought by the plaintiffs to co beet
defendant to pay up the calls upon 45 shares which ha,
transferred to him by the original shareholder. " difectil
The defence was that the memorial of transfer wag oteln
the name of the first holder not having been rightl.
A verdict was taken for the plaintiffs in 2901. datiilLge'
to a noasait. • 11 o the
Mr. Sergeant BoSIPAS last term obtained a rule .11'1
point re,erved—the irregularity of the instrument. I Ott'
Mr. KELLY and Mr. BRAMWELL this day t.howe4
against the rule, and Mr. Sergeant BOMPAS replied. "
The Ceuta took time to consider judgment.

BOW-STREET.—(THIS _I. I e
Isabella Morris. and James and Margaret 311 the tel
put forwsrd charged, the former with stealing, and ropeel
e
latter receiving, several towels, and two glasses, di
t
of Mr. Hewitt, of the Old Hummums. servmaniosi
is
Mr. Hewitt stated that Isabella Morris had been
his house for the last twelve months, and latterly ha:illteblyt,
a great quantity of articles from the house, be su Lot,
and in consequence directed the police to watcht'f.,ergean
night she went out as usual, and the witness, with corner,
of police, followed her, and she met her mother at gooa
of the street. They went up to them, and bat% resi'
grounds for suspicion, they proceeded to the noon_4 ,vee,
dence, where the property was found. All the p:est
then taken to the station, but were liberated at the
.11_7 from
Mr. Hewitt, he taking his property away with hie?, ot joto
information he had since received, he gave the prisoner'
custody again this morning.
The two female prisoners were reraanded till Saturday,
the male prisoner was discharged.
LONDON, APRIL -)2.—Wind this day at noon, light br
from N.E., with a cloudy
_ sky
DEAL, APRIL 21.svi.a. N.E. strong breezes.—
'
S f-J PPING—( THIS DAY'S LLOYD'S
from the River, 2nd sail&l, the Maria, Grace, for Betcpsst
Catherine, Greene, St. Kitt's ; New Times, Car;eolo4;
C istle; Port Fleetwood, Gambia.; Lady Leigh, New 0
Abel, Gower, •Jamaica. ;, a te,
FALMOUTH, APRIL 20.--Windvariable.---Arr•
Jenne Joseph, Launcelot, from Nantes. Sailed the
Return, for Lisbon. Zee'
PLYMOUTH, APRIL 21.—Wind N.N.E.—Arrived tm„
e,
menu, from Rotterdam. Sailed the Freedom, for Qura
ehth-erine'
SOUTHAMPTON, APRIL 21.—Arrived the Sophie "' Ger,
from Fedderwardersell ; Nina, Thompson, Tourney ;
M eyer, Varel. Sailed the Lumley, for Quebec ; John'
liamson, St. Übes. a 06
PORTSMOUTH, APRIL 21.—Wind E.
Philadelphia, Moyan, from London, and sailed for New' efr
Lucia Maria, from Amsterdam, for Batavia, with loss with 6
head anchor and part of chain' having been in contact last
French schooner 19th inst., off L tff owes oe. tpff
RYE, APRIL 21.—The Union, Webster, was go
night, and is at anchor in the Bay.
LivsitrooL, APRIL 21.—Wind N.E., fresh._ rfl ' 418
Ao fed
orp
Thomas Hughes, from Valparaiso, saile 23d Dec.; auec*
Bliss, New Orleans; Laurel, M'Bride, Savannah;
hn
:di itcaoks
Higgins, St. John's, New Brunswick ; Ellen Bryo't jet'
105.
LboßHeernalllcvealaai ,nenntsns:
son, ditto ; Frances, Brown, ditto. Sailed the Delhi, ~.—anton;
for Manilla; Zenobia, Putman, Macao; John Bibby, „%renton,
ae;
dhr Pernambuco
ditto;
Lwt
;ti
hom e na ,;
ASdt
Gondola,. e
r'
Eleanor, Lancaster, Calcutta ; Herculean, Bombay ;
Northatta n,
ditto America,
London,ditt o ;D
Bannerman,enui a r Frost' NewsWu saer;v Yorka
ni c
nka
h, D: aar rdfet
1,;31).
sit
it ditto'
New Brunswick ; Abigail, ditto; Jane, Duffu., ditto ;
Pietou ; Diadem, Reeves, Liverpool, U.S.; Georg ecilanc"
Montreal; Mary Bell, ditto; Barbara Ann,' Drewiuu-rigeeilli
Jerry, ditto; Elizabeth, ditto; Rebecca, Para; ward
Gibraltar; Emilia, Messina; Selima, Barcelona; the Case'
Aild, Messina ; Trewarthen, ditto. Arrived off port 'doe
byres, from Calcutta. An outward-bound brig is 00
East Hoyle. or.,
Nog'
DovEa, APRIL 21.—Arrived the Providentia, bowsP—
for London, with loss of anchor, chain, cutwater,.
sprung.

VESSELS SPOKES WITH.-The Planet, Gin
Oporto, Mt, lat. 43, lat. 11; Dalkeitb, Clyde vf'velp.
raltar, 12th, lat. 44, lon. 10; William Thompson. ;400.
castle to Palermo, 14th, lat. 47., lon. 9, by tbe
merce, arrived off Margate; William Shand, loth ',,iss;
la'. 43, lon. 13, by the Anne arrived in the
Juno, Havannah to New York, 21st t; Luna,
Pctersbugb, 22d,1ar.27, lon. 79 ; John and.Maryal
16th, lat. 49, lon. 14, by the Archer, arrived at "—jest.
pool; Aurora, Liverpool to Havannah, 9th insf'l,*,
44, lon. 15, had experienced very bad weather ;
in,t. the Amisted, bound to Havannah, with carg°
god; Stately bound to Quebec, 11th inst., lat. 44Ph.:01
15, by the Ocean, arrived in the Creek ; James 118 P -lat.
Li%erpciol, 7th inst., lat. 42, lon. 13 ; Rajah, 12th. it;
44. lon. 12 Richard of London, 14th, lat. 4b. lee' 100,
Garland, of' London, bound to Newfoundland,'at. 18'
17, by the Rolls, arrived at Jersey; George, 6th, Ot'A-0.,
lon. 7, by the Waterwirch, arrived at London; i'.
k,ian, Bristol to Sydney, New South '
16 h, lat. 48, long. 9, by the Ebra, Rovifi co
dit,ton.tolvisfr
ted
at Bristol ; Barossa, Singapore to London, 6tb.:.P,,1eel s,
the west of Java Head; Mangles, Manilla .14t1 :go
25th Jan., lat. 26, ion. 27 E. ; Amazon,
Liverpool, 30th Jan., lat. 28 S., 100..49 E. ; ,Esparl; of
from Mauritius, sth inst., lat. 35, lon. 35; Marla"'„ia,
Lansdowne, (whaler), 7th inst., lat. 33, lon. 32 ; Tf°,llo,
Java to London, lat. 33, lon. 32, by tie Lou:o3,l;ft
anived off Salcomhr ; Royal William, Clyde, -13tiT7--of
231 Feb., by the arrived off- Plymouth) v,r10.0.
N
Durham, Dundee to Sydney, I. S. W., out 4S ditynii‘2 ;
bay, bound to Hobart Towr, 23d u 1.., lat. 4. dots^:w ;
Isabella, from Chin., 15th ult., Ist. N., lon. 20
:,11.
Liebe, bound to. Van EYeaien's Land, 19 h, lat.. 6, 10°'
_ .
THE 'ANCIENT co at•t
the d.iceiion of the as
Pe °
WAington,, and comprised a gr;.at quantity ss v" bad
satiety of excellence. • The music, on the whole' vor-
great ju,tiee done to it in the performarice: A Jar
yesterday venirg waa under-
lion of it (a; usual at these concerts) was sacren•
room was v-1 ' O y full, and the Noble "Director Wogct;
rby tnia
l distinguishea personages ; among! !b.: a
~„e observed the r Royal Highnesges Prince Alber'
Duke of Cambridge. The
direction concert of Wedn 0
escliq.
0C
:,..x • t Is to be under the of his, Royal Hiss,
Prioer A her,.

.sday -21i.`,;14

FNGLISII OPERA
HOUSE.—Wedne.,
a oriole ultetctta, In one act, entitled Paddg , el
ira Italia, from the pen of the versatile oma
LOVer, WB9t o°6B
produced at this theatre. It is one the
trifles
iatrndiiielttiownl,l,itchligthhtemupslioctaliapiemeaesde;
as,udb:fiirgvhietnets!l,l3:.. rich(
it served to combine almost the whole present strenP
the company. 8..1fe. Stretton, 134rkeit,- Duru-the'
and Miss Gould each wid all exerted themselves to, 0.
jjlni"t g etr'''' tbit humour of ,he writer. 114,
itigt Lai that, :heir 'l"frio
cootribott,o o the StleCt,:i of th.. p), 13A.. a' 'l"inced
gentleman das a footman for the noncv., ev_ooe,
considerable talent in the pourtrayal of Hibernian foiwalied
and gave " Paddy Murphy's song" in a style that foe lied
forth an unanimous encore. Wilson also sang in.hiSßi ea,
and melodious manner an air of much beauty frtim tb.e'aPs •
we presume,' of the author of the piece, and Ilittrof!'i toe
half:witted cockney,-. shoved =Lich f the -01tit-.P...idier
burlesque in his execution of a parody upon '-'11.:.0T1!) sof
tied w,th war's alarms " He als.o met with an. efli?!4-4,,,,,,
t .4
:•• '".- 1, ,e - - • -re
L., t,
etition:. Otvear
d
went off very well, and was announced.fPr rep
on --44 /15
evening, At the close Mr. Lover was led
Balfe to receive the-gratulations of the audience.