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

STATE OF TRADE.

MANCHESTER, MAY 11.—Since Friday there has
been no improvement whatever in the state of our mar-
ket. Both spinners and 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, MAY lo.—There has been
buyers
little
business done to-day in flannels, very few
hav-
ing attended, and pieces are very low. In wool there is
little doing, and prices stationary.
HIIDDSRSFIELD, MAY 11.—Our market continues in
a very depressed state, and but few sales have been
effected. Some parties conceive our present difficulties
to be the drainage of money for railway purposes, and
others to the exorbitant price provisions are attaining;
but all parties seem alarmed at the great advance in corn
in yesterday's London markets. A fair amount of busi-
ness is doing among our woolstaplers.
LEEDS, MAY 11.—We had an exceedingly still
market to-day, and less has been doing than for some
time past. The fearful rise of bread stuffs and provi-
sions in general, indicates the approach of yet severer
times than we have already witnessed for business.—
nckester Guardian.

ST. JAMES'S THEATRE.—Her Majesty and Prince
Albert, attended by the Hon. Miss Stanley, the Hon. Miss
Dawson, Lord Waterpark, the Hon. Colonel Phipps, and the
Hon. Captain Gordon, honoured the French Plays with their
presence last evening. His Serene Highness the Prince of
Leiningen accompanied the Royal party.
ANOTHER RISE IN THE PRICE OF BREAD.—Yes-
terday a further rise in the price of bread was made by the
bakers throughout the metropolis. Those in the trade deno-
tninated cheap bakers, making an advance of one halfpenny
On the 41b. loaf, which is now from 10%d. to I Id. The best
bread sells at Is. Id. per loaf; household, or rye bread,
produces 9%d.
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
Common Juries.)
RARNRS V. WARD.
Mr. M. Chambers, Q.C., Mr. H. Hill, and Mr. Farrer ap-
peared for the plaintiff; and Mr. Sergeant Byles and Mr.
Ogle for the defendant.
This was an action brought under the recent statute, Vie
",.h and 10th Victoria, c. 93, for enabling compensation to
oe 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 railway 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 was
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 BYLRS took
several technical 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 he 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
Rapson 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. He 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 for
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—DainageA, 300/. They found that there was a
public footway abutting the area. The damages they di-
vided-1001. to be given to the plaintiff, 751. 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 LonDsrlir —We will consider how that can be done.
The Act does not provide any menus 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 COU.N Y COURT, May 12
(Before EDWARD r 1
ÜBOIS, ESQ.)
SIMPSON V. CLONE.
- _

The plaintiff in this case, a general draper carrying on
business on " the talley" system, sought to recover the sum
of 121. 19s. lid., the value of various articles of dress allei,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 sLe 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. lid. 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. DUBOIS —Wh at, Sir ! Do you mean to say that your
employer supplies goods to the value named without the
sligigsst security for paymt-nt ? Witness—No, Sir. We
put tkeir names in a book, and then make inquiries as to
their character.
Mr. DUBOLS —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 months.
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. lie was born the sth September, 1771 ; he ,7"
consequently in his 67th year. Carried away by a de-
sided 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 far
as the plains of Campo-Formio, he nevertheless gave
evidence, in the course of this campaign, of talents that
gained him the esteem of Napoleon.
" After the rupture of the peace of Campo Formic) 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 afterwards 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 nut long in avenging him. After the
battle of llohenlinden, 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 t he peace of Presburg, being charged once more
with the re-organisation of the armies of Austria, he op-
posed, to the utmost of his power. but unfortunately
which
without success, the resumption of arms
drew down upon Austria the dreadful disaster
of Wagram. It was he that c()mraandedandthiet
Imperial army in that memorabler AN
af campaign,
was the last act of his military careeo:
t rpioelnedano :urlaln
at heart—a passionate admirer
a just distrust of Russia—opposed to
sufficiently clear-
sighted politician to divine all the coalitions
directed against us (the
ltrhcat the fruits of all the sri-
guinary sacrifices then demanded from Germany would
eventually turn to the advantage of Russia—disgusted,
in short, by all the intrigues the Absolutist party in
Austria never ceased to raise against him, the Archduke
Charles quitted active service in 1809, and after that pe-
riod always lived in 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, of the Royal Engineers, expired
te
3 day at his residence in Woolwich. The deceased
yesterday
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.
IMPROVEMENTS IN THE TOWER or LONDON.--
Yesterday the entire row of houses on the right leading from
'T'raitor'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
thcni 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 49e west side of the fortress are now
cleared away, including flu 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, K.C.B. appointed a Provisional
Connell of Member of the s

VAN DIEMEN'S LAND.
The following correspondence relative to the recal of Sir
J. E. Eardley Wilmot from the Governorship of Van Dies
men's Land has just been brought before the public. The
circumstances alluded to in the letters were detailed in our
columns some short time since :
" To Sir J. E. Eardley Wilmot, Bart., Svc.
" We, the undersigned inhabitants of Van Diemen's Land,
having heard that your recal has been influenced by reports
injurious to your moral character, deem it to be a duty we
owe to truth and justice to express our unqualified contradie-
tion of those reports ; and we feel the more imperatively
called upon to do so; from the fact of many of us having
differed in opinion upon various measures of your govern.
ment. Open the occasion of your retirement into private
life, we have to assure you that you carry with you our best
wishes for your future welfare.
[ Signed by the inhabitants of the city of Hobart Torn,
and its neighbourhood only. Addresses from other parts. er
the colony were being prepared, and will follow. =the si;
natures comprise the names of very many clergymen, Puu '
officers, magistrates, and resident gentry of Hobart TOP,
about 400 in number].
" 11, King's Bench-walk, April 24, 1847.
"My Lord,—l trust that the circumstance of my father,
the late Lieutenant-Governor of Van Diemen's Land, being
absent from England, and consequently unable to meet bet he
he
reports injurious to his character which have been wide
circulated bo th in this cotry ad in the colony, will I°l%
my apology for addressin un g
these few lines to your LordshiP
on the subject.
"Your Lordship will have received at the Colonial-office
the dispatches from Van Diemen's Land, of the sr4
gamed.q,
which arrived yesterday, and which were accomp
an address' to my father, signed by the most influenconticl
inhabitants of Hobart Town, and containing A fall at
tradiction of those rumours to which your predecessortu
the Colonial. office bad attached considerable weight, sri
out giving my father the opportunity ofany answer or Wis.
nat" ion.
I am also informed by a private letter from Van Diemen's
Land, that the same vessel which brought the dspetroe_,
brought also a petition to the Queen in my father's fay vs'
most numerously and respectably signed.
" Your Lordship, in your letter to my father of the 2floottillif
March last, which was in reply to one from him 01a. %olding
of October preceding, appealing to your Lordship, s -
the seals of the Colonial-office, for justice, stated, thaidotone
entirely ignorant of the grounds on which Mr. G.11,.40e
proceeded in writing his secret dispatch,' you must u„d,.
expressing any opinion upon the subject to which it related;
expressing
and your Lordship proceeded to say, that you ecti vote
hold out to my father any expectation' of its heist/ 'll
power to submit his
" Doubtless, my Lord neithern,am e to
the her
Majesty
dis for
pa future
p 1" ch' of )iff'
Gladstone, nor the circumstances connected vrith rt,
/sorer,
'secreteftiuc
injuriously they may have have affected my father scALretion
Fan be considered in nny way as fettering your who
in recommending for any colonial appointment those your
may appear to your Lordship most qualified. Bstathor
Lordship must excuse me if I ask to what quarter 111,1300..
can appeal for justice if the possessor of the is of the be.
lonial-office declines entering into a question which Iheather
come publicly notorious and important, because tare at
emanated from a Minister whose political principles -
variance with his own ? stator
" I confidently appeal to empire rdship, as ado:lin:4a of
of the affairs of our colonialand not se In.Ae•-nublie
a Whig Cabinet, to see justice done to an opPress`-;or be
servant. The injury that has been done can removepaver
effaced. But it is in the power of your LordshiP to
_tat.
the unfavourable impression upon the public mind, hi, Lo
ing in Parliament, that from documents last receiven 7re,
rumours Pre,
the colony, your Lordship is satisfied that the
judicial to my father's character are without foundation.
" I have the honour to be, my Lord,
" Your most obedient servant, „rot
" J. E. EARDLEY WIL
To the Right Hon. Earl Grey, &c., &c.+ &c.,
IS
Secretary of State for the Colonies."
" My Lord 3 1847'
ship's attention to ave
beg very
I, King's Bench-walk, May „rd.
Secretary of State for the Colonies, on the 24th rot'', of
letter
ter respectfullywh I taodsdorti
et
dy ourtoorea
ipso
tive to the circumstances connected with the reel oi
van
father, Sir E. Eardley Wilmot, from the Governfirent °
Diemen's Land. nitride
" Although I am aware of the vastly greater nurg Lords
and importance of the transactions which demand you
_r r ord-
ship's superintendence and direction, yet I am surer:47ood
ship will excuse my anxiety to have these matters b. the
up, as far as they can be, from the very uncertain
•
charges of immoral conduct against my father; piorelf;o
cularly as I have learned from gentlemen lately arrive': doe
the colony that he had been confined to his bed for 50,101-0, sot
before they left Hobart Town by sickness, aggralsta 1 sa,
produced, by the treatment he has experienceu I.r. rice A.
anxious to forward him by the next mail such intelmg..re mot
may give him relief.--I have the honour to be, 9°`"
obedient servant, V 111,310

"J. E. EARDLE
"The Right Hon. Earl Grey, &c, &c.,
Secretary of State for the Colonies."
Lordship's
(ISt
siohrf—i
p3,ls.oaaomtrt
el dentittrieeorcnt
oefd
tot bh3e:A 6,1847'
knowledge the ,11:
b2;:e:al:rhtleerimlnrtseiimy°goot;ositaaorceevihichyou
callar ;Jed,.
bbecret,' of the 30th of April, 1846,
y Mr. Secretary Gladstone to Sir Eardley Wilino .
mea,a
period of his recal from the government of lan
Die
LanOg am
"In reply, I
am directed to acquaint you that bet , _
Lord Grey had already stated, i orant of the gronpuP.°.t
which that dispatch was
was written, I -1, and that it is
Lordship to express any opinion regarding i _
101
____,
whiodhispatcbs,dtdresstbel
the less necessary to do so, as Mr. Gladstone 's o
Siras!.3.w,":
to the letter which has been addressed to him by
.E.
_x_ 4d
all the documents which have since been received from ,
Wilmot, after receiving that dispatch, has been printed Vale
colony upon the subject will be presented to both Hon e 0_!
Parliament. Lord Grey directs me further to observe,
_....08:
there is this additional motive for his abstaining from
pressing any opinion upon this painful subject, that his Lore•:',.
.
ship could not do so without stating that the reasons as'
signed by Mr. Gladstone in his public dispatch for the rw-t:
of Sir Eardley Wilmot appear to him to be quite sufficient PI
ustify that step.—l have the honour to be, Sir,
your rrao§b
lIAIO'
bedient servant, " B. S,'
"To J. E. Eardley Wilmot, Esq., 11, King's Bench-walk.
" 11, King's Bench -walk, May 7, 1847 1
~ sir,—l beg to acknowledge your letter of yesterday
date, being a reply to one which I had addressed to t,
Grey on the 24th ult., asking his Lordship, as Secretary l',
State for the Colonies, to remark in his place in Parliamoit
upon additional documents lately received from Van Diane!:
Land, the same having reference to a ' secret disP.tcZ
written by Mr. Secretary Gladstone to my father, Sir '''"
Eardley Wilmot, at the time of his recal from the govern"
ment of that colony.
" I regret to find, by the reasons assigned by Earl Greifor
non-interference in this matter, that his Lordship does
a:
.n°.!
consider the Colonial-office, as at present constituted, to_ D R
tribunal qualified to take cognizance of charges made D 7
former Secretary of State for that department.
" I hope you will excuse my observing, with
the concluding paragraph of your letter, that I do not a.
actly see how Lord Grey's approval of' the public
.rup_re
on which my father was recalled can in any waY ' naunTat.
his Lordship in declining to express an opinion upon
All .
ter of a totally different character and complexio. I,
is or
asked his Lordship to
do, was to ground upon the has
made
documents lately arrived an acquittal of charges
referencelo.
against my father's private character. I felt that the publicreasons assigned by Mr. Gladstone for his recal embraced
matters which it would have been impertinent in Me
any way to discuss or interfere with. al to
" The bar of public opinion being now the only tribio— gt
which my father can appeal with hope of justice, I F3l-
beg his Lordship's permission to make this correspondo'
public.
"The case of an individual, however humble in itself, beA;
comes important when it shows the disadvantagesti_l"
which a public servant laboursowndhetnhaatttmacikme.sdtebrys
oor
state
rore aa
p p.o r t
finded b
themselves
positive and specific charges;
gniovteacctreudpeonneethteoproilnlcogipolteisonosi
unsupported
allegations. which they may afterwards English law,when theti
position where they cannot give y testimony,_ a
tunity of refuting by evidence, an
a fair and honourable entitling
tdh e
thusin injured re d party
h l onoop::: or:
acquittal.
" I have the honour to be, Sir,
" Your most obedient servant,
" Under S"eTcr eetßa "J. E. EARDLEY WILM°T.
r.yßoar SesjaEtescifogr&tehe Colonies."

EUROPE'S UNCLE.—The Emperor of Russia, In the
affairs
kindest spirit, is lending money to every country Yi his
happen to be in an embarrassed state. We advise "ts
Ruosian Majesty (if it is necessary to advise one who kil°,.`l9
how to look after his own interest) to hang out in front o
liofi
palace at St. Petersburgh the emblem of his new prof ion,
—the three balls—and to write up the usual inscript,ieoi,
" Money advanced to any amount." We should excess° we
like to see one of the imperial tickets, but we suppose
at
shall be able to buy up one shortly for a very small figure
Debenliatn's sales of " unredeemed pledges.' —Punch.
Mr. Green, jun., son of the celebrated aeronatL,
embarked at Blackwell yesterday morning, en board 0!
General Steam Navigation Company's steam-ship Sir Edward
13ankes, for Ostend, en route for Cologne, where he lutist:l6s
making his first of a series of ascents on the Continent.

~t
r+ ~ .
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