The Sun.
London, England, 1847-05-13 00:00:00

STATE OF TRADE.

Thus

MANCHESTER, MAY 11.—Since Friday there has
been no improvement whatever in the state of our mar-
ket. -Both kpinnervand manufacturers show a disposi-
tion to accept lower prices than they were asking
last week ; but buyers are not to be tempted by
any concession in prices to enter into operations
of magnitude, and confine themselves entirely
to such purchases as are necessary for the
supply of immediate wants. The amount of business
done is consequently quite insignificant. We hear that
reductions of wages are taking place in some parts of the
neighbourhood, but have not been able to collect any
precise information on the subject. The hands of the
three mills which stopped last week, in consequence of a
proposed reduction, continue out.
ROCHDALE, MA L 10.—There has been very little
business done to-tit in flannels, very few buyerse
hav-
ing attended, and pieces are very low. In wool there
is
little doing, and prices stationary.
resent difficulties
a marketvleirrryDDlepllrSeFslsEeLdD,stMatAe,valnld.—hOuutrfew.
ssales
sc on
havetinn ehseeinn
effected. Some parties conceive our 'present
purposes, and
to be the drainage of money
others to the exorbitant
at the g
but all parties seem alarmed
A fair amount of busi-
ness London markets.
in yesterday's pricefoprrorvirseioantsadavrLactetaininciongrn;
LEEDS, MAY 11.-I've
has been doing than for some
is doing among ourwoolhsatedplearns.
market to-day, and less.
time pest.
the approach of yet severer
exceedingly still
d for business.—
have already witnesse
times than we
sions in geneTr The
le, fearful rise of. bread stuffs and provi-
Manchester Guardian.

THE GuN COTTON.—A course of experiments, to
test the relative strength of this explosive material with that
of the best ordnance gunpowder, has just taken place at the
Holyhead Mountain, Anglesea, the Holland slate quarries in
Merionethshire, and at the Hon. Colonel Pennant's slate
quarries, .Penryhn, and the results show that the saving by
the use of gun cotton is at least thirty per cent.; added to
which the great advantage, that the miners, by its means,
are enabled to obtain the most enormous blocks, and this
with little or no waste.

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, May 12.
(Sittings at Nisi Prius, before Mr. Justice COLTMAN and

CCmitnoll .T

iint:,..ts L.
C., Mr. H. Hill, and air. Ferrer ap-
Peared for the plaintiff; and Mr. Sergeant Byles and Mr.
Ogle for the defendant.
This was an action brought under the recent statute, the
9th and 10th Victoria, c. 93, for enabling compensation to
be given to the families of persons killed by accident. It
appeared from the evidence of the witnesses called that the
plaintiff fills a very humble condition of life, and that his
wife, Jane Barnes, was a charwoman, going out to char and
wash, and able to earn from 2s. to 3s. a day by her labour.
The plaintiff and his wife had three children, the eldest a
boy of 14 years of age, who was in service and able to earn
a little towards his own support, and two girls of the respec-
tive ages of 10 and 7 years, who were at home under the care
of the plaintiff and his wife. One evening in October last
the plaintiff's wife, her sister, and the two children went to the
Paddington railwziv station to wait for a niece, whom they
expected, and whilst waiting had some refreshment in the
shape of a quartern of gin and a glass of ale, which was
shared amongst the four, the value of which was Bd. On
their way home from the station with the niece they went
along a newly-made street, called Victoria-grove-terrace,
communicating between Bayswater-road and Moscow-road.
This street was unlit, and the houses in it unfinished, but
some evidence was given that the road had been used
as a publfc pathway for twenty-five years. When
near the house No. 9 in the terrace, according to
the evidence of the sister of the plaintiff's wife, the
niece dropped her cuff, and she turned round to assist her to
look for it. and on turning again the plaintiff's wife wan
nowhere to be seen, and they eventually found that she had
fallen down an unguarded area before the house No. 9, be-
longing to the defendant. On being taken out, it was found
that she was dead. A post mortem examination did not lead
to the inference that she was intoxicated at the time. The
area had been boarded up a few weeks before, but was then
left wholly unguarded. The present action was brought
under the above-named statute for damages to the plaintiff
and his children, for the loss he had sustained by the death
of his wife, owing to the negligence of the defendant in leav-
ing open and unguarded this hole near a public footway.
On the part of the defendant, Mr. Sergeant BYLES took
several technic it objections to the form of the declaration,
which, after argument, were amended. He also contended
that the defendant had a right to dig holes in his own land,
and that lie was not bound to fence them round to protect
the public, bat that this duty fell upon the owners of the
public or private footway. He quoted " Trawrer v. Chad-
wick," 6 Bing. N.C., p. 1, in support of his argument, and
" Itapson v. Cubitt," 9 M. and W. .
Mr. CHAMBERS, in reply, relied upon " Quarmur v. Bur-
nett," 6 M. and W., and "Burgess v. Gray," 1 C. 8., p.
578, and contended that it was the duty of a person digging
holes near a public footway to guard them.
Mr. Justice COLTMAN said he was under considerable
doubt as to the point, but should direct the jury that the
plaintiff was bound to erect a fence if the area was abutting
upon or reasonably near a public footway.
Mr. Sergeant BYLES then addressed the jury for the de•
fendant. The defendant, he said, deplored the accident as
much as any one ; but the jury must give the plaintiff justice,
and not vengeance. Ile then contended that the road was
a mere private or occupation road, up which the plaintiff's
wife had no business to go, and that the accident was there-
fore not the defendant's fault, and that the defendant would
not therefore be liable; that the woman had been drink-
ing, and her death was the result of her own state and neg-
ligence.

His LORDSHIP, in summing up, directed the jury to consi-
der whether or no there was a public footway near these
houses, or whether or no the road was a mere occupation
one. Also whether the area abutted upon the footway or
was so near to it as to make it dangerous, if unprotected, to
the public passing- along the footway; and whether the
negligence of the plaintiff's wife led to the accident.
They would then consider what da:nages they would find if
they found for the plaintiff on these points, and what rea-
sonable compensation should be given to the plaintiff fur
the loss of his wife, who contributed towards the support of
himself and family. They would also say what portion of
the damages should be awarded to the husband, and what to
the children.

The jury, after a short absence, found a verdict for the
plaintiff'—Damage:, 3001. They found that there was a
public footway abutting the area. The damages they di-
vided-100/. to be given to the plaintiff, 75/. each to his two
daughters, and 501. to the boy. The jury also expressed a
wish that the money given to the children should be secured
to them.

His LORDSHIP—We will consider how that can be done.
The Act does not provide and• means for that, in which it
was defective.

Leave was then given to Mr. Sergeant Byles to move for a
new trial on the objections he had taken, which were overruled
by the Court.

BLOOMSBURY COUNTY COURT, May 12.
(Befire EDWARD rUBOIS, Eaq.)
SIMPSON V. CLONE.
The plaintiff in this case, a general draper carrying on
business on " the talley" system, sought to recover the sum
of 12'. 19s. 11d., the value of various articles of dress allet„ed
to have been sold to the wife of the defendant in the early
part of the year 1842.
The defendant denied all knowledge of the debt. Whether
or not his wife might have contracted it in his absence he
could not.say, but he had no reason to believe that sl,e had
ever received the articles alluded to.
Richard Adams, who attended for the plaintiff, stated that
he was a collector to Mr. Simpson. About five years ago a
person representing herself to be the wife of the defendant
called upon the plaintiff, and requested him to send various
shawls, gowns, &c., amounting to 12/. 9s. 11d. The goods
were left at the residence of the defendant by the witness,
and the Wife agreed to pay the sum in weekly instalments.
Mr. Duaois—What, Sir ! Do you mean to say that your
employer supplies goods to the value named without the
sligiaasst security for payment ? Witness—No, Sir. We
put Misir names in a book, and then make inquiries as to
their character.
Mr. Dinsois—And, it appears, leave the goods without
regarding the result of the investigation. is Mrs. Clone
present ? Defendant—No, Sir. She has been dead upwards
of twelve mouths.

The plaintiff stated that if the case could be adjourned, he
would be enabled to bring forward a witness who could prove
that the debt had been admitted by the defendant and a
time appointed for payment about three years since.
The proceedings were accordingly adjourned.

THE LATE ARCHDUKE CHARLES
OF AUSTRIA.

The Journal des Debats presents the following me-
moir of this prince :—" Austria has just lost the greatest
of her military glories, one of her most beloved princes
a man of worth, whose death will excite universal regret
in Europe.
" The Archduke Charles died in Vienna on the 30th
April. He was born the sth September, 1771 ; he was
consequently in his 67th year. Carried away by a de-
cided vocation for the profession of arms, the Archduke
Charles, in 1793, at the early age of twenty-two years,
was entrusted with the command of the vanguard of
the Prince of Coburg. In this campaign, and that
of the following year he distinguished himself by
services so brilliant, that in 1795 he was appointed
to the command of the Austrian army, then operat-
ing on the Rhine. As Commander-in-Chief he had
the honour of vanquishing Jourdan and compelling Ge-
neral Moreau to make that famous retreat, which forms
perhaps the most brilliant episode in his military career.
At the same time, whilst the Archduke was obtaining
such signal triumphs on the banks of the Rhine, the
Imperial armies were destroyed in Italy by General
Bonaparte, who was then carrying on his first campaign
in the capacity of Commander-in-chief. Summoned to
Italy in order to repair the disasters of the Austrian
generals, the Archduke found nothing but disorganized
remains. He struggled, however, with firmness and
fortitude ; and if he was compelled to retrograde as fur
as the plains of Campo-Formio, he nevertheless gave
evidence, i❑ the course of this campaign, of talents that
gained him the esteem of Napoleon.
" After the rupture of the peace of Campo Formio the
Archduke Charles was once more called to take the com-
mand of the Austrian army on the banks of the Rhine.
He then took part in the operations of the Russian
armies which were destroyed in Switzerland by Massena.
The Russians after wards accused him as the cause of

their reverse; and the Cabinet of St. Petersburg,
seconded in Vienna by a party which already dreaded
his glory and popularity, obtained his recal. Events,
however, were not long in avenging him. After the
battle of Hohenlinden, when the victorious armies of
France no longer saw any obstacles before them, and
were preparing to invade the territories of Austria, the
Court of Vienna was too happy to recal the disgraced
Archduke to active service. On the conclusion of the peace
of Luneville (in 1801), the Archduke Charles became
Minister of War, and displayed, in this new capacity,
an activity and talents which restored to Austria a finer
army, perhaps, than any she had ever before possessed.
In 1805 she thought herself in a position to resume hos-
tilities against France ; the third coalition was formed,
and the Archduke, at first despatched to Italy, was soon
recalled thence after the fatal battle of Austerlitz.
After the peace of Presburg, being charged once more
with the re-organisation of the armies of Austria,
n_. b op-
posed, to the utmost of his power. but uarrafosrtunweahtieciyh
without success, the resunsptioen of
dreadful disaster
drew down upon Austria
u the
commanded the
of Wagram. It was and it
Imperial army in that A frien of France
was the last act of his militaryF
of Napolean—full of
memorable campair,
aer
at heart—a passionate adorn
piprosed to all the coalitions
a just distrust of Russi:—
h Freneb)—a, sufficiently dear-
directed against us
(eanitvdineemathnadtedthferofrmuiGtseorfmaalnl
ythewosau
sighted politicians tt
guinary sacrifices t
eventually turn othehe advantage of Russia—disgusted,
intrigues the Absolutist party in
in short, by all
Austria never ceased to raise a.
in against him, the Archduke
Charles quitted active service in 1809, and after that pe-
riod always lived a retirement which was incessantly
embellished and animated by glory, popularity, and
study.
The Aachduke Charles is the author of several
works on the art of war, which are highly esteemed by
all competent judges. Married to a princess of Nassau,
the Archduke Charles has left four sons, of whom one,
the Archduke Frederick, is a captain the Austrian navy,
and two daughters, the elder of whom is now Queen of
the Two Sicilies.

DEATH OF MAJOR- GENERAL THOMAS FRYERS.--
Major-General T. Fryers, cf the Royal Engineers, expired
yesterday' at his residence in Woolwich. The deceased
officer had just completed 47 years of active service, having
entered the corps as Second Lieutenant on the 2d of May,
1800. His subsequent promotions are dated as follows :
First Lieutenant, 18th April, 1801 ; Captain, Sept. 21, 1805;
Brevet Major, August 12, 1819; Lieut.-Colonel, March 23,
1825 ; Colonel, Jan. 10, 1837 ; and Major-General, Nov. 9,
1846. He was a Peninsular officer, having served in the me-
morable campaign at Corunna.

IMPROVItMENTS IN TllB TOWER Or LONDON.—
Yesterday the entire row of houses on the right leading from
Traitor's Gate on to the Chapel-green were demolished, as
also the old guard-house on the west side of the White
Tower and the adjacent buildings; the ground occupied by
them to be levelled and added to the Tower-green, which is
now approached by a noble flight of twenty stone steps forty
feet in width, having battlements of Kentish ragstone. The
whole of the houses on the west side of the fortress are now
cleared away, including the old Map-office. The new build-
ing, on the site of the Armoury, destroyed by fire in October,
1841, is nearly finished.
Yesterday a Court of Directors was held at the
East India House, when Major-General Sir John Hunter
Littler,
o
Littler, K.C.8., was appointed a Provisional Member f
Counoil of India,

RAILWAY SHARE MARKETS.
LIVERPOOL, MAY 12.
STOCK EXCHANGE.-The market for railway stock is better
to-day_ 11,-P q•-onrt of gr,l -North-
fern and LUG bilieb of which
were rather premed. The sales are-Birkenhead, Lancashire,
and Cheshire, 1:% dis.-East Lincolnshire, New (scrip), Is. 3d.
dis.-Edinburgh and Glasgow, 70-Leeds andThirsk, 53% dis.
-Ditto, Preference, 3s. 9d. p.-Liverpeol, Crosby, and South-
port, 34p.-London and North-Western,l6B%-Ditto,
tars (L. (L and B.), 14% p.-Ditto, New Quarters, 9, IN-"'
London, Manchester, and Birmingham, Quarters (B), 5 13-
Manchester and Leeds, 32/. Shares (late Extension), Ni
Ditto, Fifths (late W. R. U.), par-Manchester and Souths
ampton, 11/s dis.-Midland, 113%-Ditto, 401. Shares, 2%
-Ditto, New, 13/4 p.-Newcastle and Berwick, New, 15sii p.
-North Staffordshire, p.-Shrewsbury and Birming-
ham, 3s. 9d. dis.-Shropshire Union Railway and Canal,
38s. 9d. dis.-South-Eastern and Dover, No. 4, %
South Yorkshire, Doncaster, and Goole, 1 dis.-Yorkd
an
Newcastle, Preference, 2% p.-Dublin and Drogheda, 16154
-Ulster, 9 p.
MANCHESTER, MAY 12.
STOCK EXCHANGE.-The sales are--Ambergate, Notting:
ham, and Boston, 1% dis.-Birkenhead, Lancashire, and
Cheshire, 134 dis.-Birmingham and Oxford Junction, 6%
p.-Blackburn, Clitheroe, &c., Preferentials, 11-16 c-
on,
East Lancashire, New (scrip), 1/8 dis.-Fleetwood, Presi
and West Riding, 1% dis.-Huddersfield and Manchester
Railway and Canal, % dis.-London and North Western
( Manchester, and Birmingham), 6534-Ditto, Quarrers,cl3,?'
51A p.-Ditto, ditto (C), 51/s p -Manchester, Buxton, a"'
lock, and Midland, dis. -Manchester and Leeds, 32/. Shares
(late Extension), lA p.-Ditto, Fifths (late West Riding
Union), 1-16 p.-Manchester and Southampton, 11,4
North Staffordshire, 1% c. D.-North-Western, 11 C•Adisti-
Oldham Alliance, 14 dis.-Shropshire Union, 2A
•
South-Eastern and Dover, No. 4, 5-16 dis.
LEEDS, MAY 12.
STOCK ExcitArrow.-The sales are-Ambergate,Nottint
ham, and Boston, 295. n. dis.-East Lancashire, Nevigest
n. Ditto, New (scrip),dis.-East and ,
Yorkshire, 11h dis.-Leeds and Bradford, 43
Dewsbury, Halves, 7s. n. dis.-Leeds and Tbirsk, 614 dit"
Ditto, Preference, par-Leeds, Wakefield, and Midlands'zY!.
dis.-Malton and Driffield Junction, 158. n. ManCheiStttZ
and Leeds 32/. Shares (late Extensions), 2s. 6d. P,,PI and
p.-Leeds sou
West Riding Union, par- Manchester, Buxton, Mai.l°cTiossh
Midland, 7s. 6d. dis.-Midland, Preference, 345. c• P's_Thittor
%
British, Quarters (late Carlisle Branch), 125. 6d. p•
n.
Extension (scrip), Is. p.-North Staffordshire, 1
North-Western, 38s. die.
HULL, MAY 12. ,
STOCK EXCHANGE.-The sales are-Answergaw, -- •
acn
ham, and Boston, 235. 6d.-East Lancashire, New %e.
3s. 6d. dis.-London, Brighton, and South Coast' pp
Is p.-Manchester u ion)►lg•
and Leeds (West Riding n. rinj
-North British, Quarters, 595.-Ditto, EXIIOIIOII VIC
2s. p.-York and Newcastle, New, 4 p.
SHEFFIELD, MAY 12.
e 'goal° -
Fittaeatn-t
STOCK EXCHANGE.-The sales ar Ambergaie, - g
ham, and Boston, 11A dis.-East Lincolnshire, 13ii
Manchester and Lincoln Union, 295. dis.-Manchesteer au"
fdeld,
Leeds (West Riding Union), par-Mancbester, Sle'id and
and Lincolnshire, Eighths, 2% dis.-Ditto
'D.--
(SLlefa eeds,
Lincoln), 33a dis.-Wharfdale Junction, IA
Wakefield, and Midland, 1 dis.
EDINBURGH, MAY 11. 1716
STOCK EXCRANGE.-The sales are--Aberdeen, 2 „
6,1.-Airdrie and Bathgate, 3/. 143.-Arbroath and rsuuss:
27/. 15s. -Ditto, Halves, 15/.-Ayr and Galloway, 11. lva,_"'s
-Caledonian, 24L-Ditto, New, 1/. 18s.-Caledonianos.au:
Dumbartonshre, 11. 145.-Clydesdale Junction, 424 1 asl
Deeside, 3/. 55.-Dunblane, Doune, and Callender, a 71'50r....;
-Dundee and Arbroath, 421.-Ditto, New, St). It 6d.
Ditto, New, No. 2, 301.-Ditto, New, No.
-Dundee and Northern Junction, 11. 103.--Dundse,2 iss,
Perth, 30/. Ms.-Ditto, New, 12/. -Ditto, Quarters,
-East of Fife, 2/.105.-East Lothian Central, 1/. 195:
Edinburgh and Bathgate, 6/. 17s. 6d.-Edinburgh and (Ili%
3,4 L 78.
and
gow, 70k-Ditto, Halves, 221. 55.-Ditto, Quarters,
10s.-Edinburgh, Leith, and Granton, 181.-Ditto, Pre!eri%
ence, 20/. 10s.-Ditto New, 21. 78. 6d.-Ditto, New s 5
I ls.-Edinburgh and 'Northern, 171. 55.-Ditto,
-Ditto, Newport, 61. 17e. 6d.-Ditto, ditto, New, livitto,
6d.-Edinburgh and Perth (New Co.), a 189'-- Ne
Halves 11s. 6d.-Glasgow and Ayrshire, 11g-Dittej ._tet
Stock, 35/. 10s.-Ditto, Halves, No. 1,8/. 155.-Ditto,
No. 2, 35.-Glasgow, Dumfries, and Carlisle, 5L
-Glasgow and Garnkirk, 39L-Glasgow General Tern?, 17
121. 55.-Glasgow and Greenock, 16/.-Ditto, Halves, 8L,1..55,
-Ditto, Preference, 8/.--Glasgow, Kilmarnock, and ATIT-.
sun, 10s.-Great North f Scotland, 2/.-Great No
ontaesli
(late Direct Northern), 21. 9s. 6d. -Ditto (late Lond4ll,
York), 2L-Newcastle and Berwick, 24/. 15s.Norti!,.P2s.
tish, 301. 155.-Ditto, Halves, 14L-Ditto, Quarters,.t
-Ditto, New Quarters (scrip), 19s. 9d.-Ditto, Th
12
or6d.
Ios.-Ditto, Fifths. 6/. 155.-Scottish Central, 2.
-Scottish Grand Junction, IN.-Scottish Midland, 19/. lUsasd
Shrewsbury and Hereford, IN.-Shrewsbury, Oswestrybauir
Chester, 10/.-Ditto, New, 11. Is. 6cl.-Stirling and if
fermline, 3/. 55.-Stirling and Midland, 2341 55--"Wnisibtssa
and Coltness, 49/. 58.-York and Newcastle, . 10s.--"-- b"
New, 14k IN.-Ditto, Preference, 6/. 10s.-Direct 1311-gf
SiNorisiore,
and Madras, 2s. 6d.-East Indian, 2s. 6d.-Great
India, 35.-Great Southern of Madras, 25.-Maus- e
and Arcot, Is. 6d.
GLASGOW, MAY 11.
STOCK Excmasrms.-The sales are-Caledonian, New, 38x•Cen-
6d.- Dundee and Perth, Quarters, 603.-East Lothlall
tral, 395. 6d.-Edinburgh and Glasgow, 701.-Edinburgh
ies, and
and Perth (New Co.), 38s. 6d.-Glasgow, ekes'
Carlisle, 51/5-Kilmarnock and Ayr Direct, 23x.--Man 9d•
ter and Southampton, 9s. 6d.-North British, Thirds, 495. v
Dunsfr

I