The Sun.
London, England, 1840-01-15 00:00:00

MONEY AND COMMERCIAL N ENT S

CITY, TWEL VA 0' CL 0 CK.
LIVLitraOL COTTON MakKET, TrEsnAv.—The sales
this day are 2,000 bags, without change in prices.
We have received Cane of Good Hope Papers to the
7th of Noverribnr.
(Extract of a letter.)
NATAL.—We have been favoured by an intelligent
friend with the following of the present state of affairs at
Natal:—" The situation of the emigrants is still the
same as it was a few months ngo, the greater part
of them living in enclosed camps ; and a few only
having moved to their former places. Not a week
passes by in which we have not got the most contradictory
reports respecting Dingaan some of his people are con-
stantly coming here, who claim the protection of the emi-
grants, hut time must first show if they can be trusted.
Last week Panda, the step-brother of Dingaan, and nine
of his captains, with their respective regimentS, women
and children, and cattle, have passed the Toogola, and gave
out that they have quarrelled with Dingaan. This army
lies about one day's journey from hence, and has
asked permission to leave their wives and cattle
on the other side of the said frontier, whilst
they ;return to fight Dingaan. It is to be hoped
that the Valksraad will not allow this, for how could they
permit that their peace made with Dingaan (although the
conditions have not been performed by him) be on their
part so grossly infringed. The government of the emi-
grants is, however, still in embryo, and sometimes prc-
ceeds to the most extraordinary resolutions. Thcretore
it is not known what they will do in this affair here. In
the neighbourhood of this port we are about erecting a
town 'about two and a half miles distance from the

' bay ; it will be named Omgenie, that being the name
of the river. The river will be conducted into the town.
Some of the emigrants have already dug a channel of
r about 1,500 feet long, and irrigated a very fruitful coun-
ttry, on which they are now ploughing and sowing. On
i the whale, the farmers have sown a tolerable quantity of
train ; the corn every where stands very beautiful, and
romises an abundant harvest. Last week I made a jour-
ney , to Peter Mari'z Burgh, and I must confess that a more
) beautiful country I have seen no %%here ; but in the imme-
,:,
diate neighbourhood of the bay, the cattle will not thrive
so well, If the Lord only send us peace, Natal, in a few
years, will become a great magazine for corn, butter, and
salt beef."

QUEEN'S 33Ers4CH.—(THIS DAY.)

MAIMS V. KEATS.

Mr. KELLY moved for a rule to show cause why a rif w
trial should not be had in this case, or a nonsuit entered.
The case was tried at Guildhall at the sittings after 'Mi-
chaelmas term, and was an action brought to recover da-
mages for an alleged malicious prosecution. The defen-
d%nt wlo a gentleman residing in the neighbourhood of
13Iackheath, and had employed the plaintiff to fit up some
marble work. Several pieces of marble were missed, and
the defendant accused the plaintiff of having stolen them.
He was tried at the Central:Criminal Court a'd acquitted,
and upon this he brought his action for a malicious prose-
cution, and the jury gave him 150/. damages. Mr. Kelly
now contended that there was no malice on the part of
the defendant, who was obliged to appear against the plain-
tiff or forfeit his recognizances.
The COURT did not consider that if the jury were satis-
fied that the prosecution was a malicious one, their verdict
could be disturbed on account of any of the arguments ad-
duced by Mr. Kelly. The damages certainly appeared
large, but they were not so exorbitant as to authorize the
Court to put the verdict in jeopardy by granting a new
trial.—Rule refused.

HARVEY AND ANOTHER V. NORTON

This was an action which had been brought by the
plaintiffs, who were cabinet-makers, residing in the West-
minstep-road, against the defendant, the Hon. G. C.
Norton, for goods supplied to his wife. It appeared that
in the year 1838 Mrs. Norton was residing in Bolton-
sti set, separated from her husband, but with his consent.
The plaintiffs had supplied her with furniture to
the amount of 911. Bs. 6d. On applying for the
money, the plaintiffs' clerk was desired to divide the
oil! into two portions, one of which amounting to 421. was
to be made out in the name of Mr. Sheridan, Mrs.
Norton's uncle, who was residing in the house in Bolton.
street, and this was discharged by a cheque given by Mr.
Sheridan. The other bill, amounting to 49/., was pre-
sented to Mr. Norton, who refused payment, and this
acioti was therefore brought. The Jury found a verdict
for the defendant, and _

Mr. WannEN now applied for a rule to show cause why
the verdict should not he set aside, on the ground of mis-
direction by the Learned Judge.—Rule refused.

EXCHEQUER COURT-THIS DAY.

(Sittings in Banco.)

YATES V. TIIE CITY OF DUBLIN STEAM PACKET COMPANY.

This was nn action brought to recover the value of a
e4igo of iron which was run down in the river Mersey by
on.! of the packets belonging to the defendant. The
action was tried before Mr. Baron Gurney at the sittings
in London after last term, when a verdict was found for
the defendants.

Sir F. PoLLocK now moved for a rule to show cause
why the judgment should not be signed until after the trial
of another cause, which involved the same circumstances.
The trial, as usual in such cases, lasted the whole day.
the next action in the paper was one brought to re-
cover the value of the ship, but in consequence of the
result of the former action, the record was withdrawn.
The plaintiff depended upon the presence of the Mate
of their ship ; he was expected every half hour,
but did not arrive. There was some evidence as to an ad-
mission made by him at the time of the collision, and ad-
vantage was taken of his absence, the Counsel for the de-
fendant urging that the plaintiff had kept the witness back,
knowing that his evidence would damage their cause, and
that topic had much influence on the minds of the Jury. His
affidavit showed clearly that the Mate was expected to
arrive from hour to hour, and his application was that he
might have leave to move for a new trial, supposing the
result of the other action to be in favour of the plaintiff.
The defendants were entitled to nothing but their costs,
and the plaintiffs were quite willing to pay them ; all he
wanted, was to have the right of applying to the Court
if it should be thought advisable after the trial of
the ether action, they being now able to produce
the Mate, 'Dore was tt precedent for his appli-
cat'on in the case of Cobbold v. Grenell, where the
Ring's Bench granted such an application, although there
had beep s verdict for the plaintiff, and he was kept out of
his damages, '
Mr. Baron ALDSRSON said there was a great difference
in the application being made by a plaintiff in place of a
defendant. The former, if not prepared, might with-
draw his record, or even at the last he might apply
to be nonsuited ; a defendant had none of those
advantages, and was compelled to go on, whether he was
prepared or not. There had been no misdirection in this
ease, neither was the verdict against the mind of the
Judge—it had been obtained upon evidence laid before
the Jury by the plaintiff himself, and he thought it would
Le opening too wide a door—it would be establishing a
very dangerous precedent, if they were to interfere, and
prevent the cause taking the usual course.—Rule refused.