The Sun.
London, England, 1841-01-25 00:00:00

THE NEW JUDGE.

It was currently reported in Westminster Hall this morning
that Mr. Wightman was to be this new Judge. There seems to
be no doubt )n the subject of the retirement of Mr. Justice Little-
dale at the conclusion of this term. The new Judge, whoever he
may be, will go the Northern Circuit with M. Baron Maule.

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice WILLIAMS.)
ELVENHILL r. NEWTON.

Mr. Cttoss applied on behalf of the defendant in this case, who
is a barrister, and who was brought up this morning in the custody
of the Marshal of the M-rslialsea on a habeas corpus, in order that
he might be charged in execution for a remand until the end
of the term, in order to give the plaintiff an opportunity of
answering an affidavit of the defendant, which set forth that he (the
defendant) had no notice of a writ of habeas having been lodged
with the marshal to bring him up to be charged in judgment until
Saturday evening last ; that he was not aware that any judgment
had been obtained against him, and that he had never received any
notice of trial in this case, nor had he ever been served with any
rule to compute ; that his residence for the last three years had
been Providence Cottage, near Ripon, and that no service
of any notice:cf trial, or of any rule to compute, had been made
then. On these grounds he moved that the defendant should be
remanded until the last day of Term, and that a eopy of the de-
fendant's affidavit should be served on the plaintiff.
Mr. Justice WILLIAMS—why net move to set aside the judg.
mcnt on the ground of irregularity ?
Mr. Cross—That is our intention.

Mr. Justice WILLIAMS—You may take a rule, calling on the
plaintiff to shew cause why the r..rdict and judgment in this case
should not be set aside on the ground of irregularity.

COMMON PLEAS-.(THIS DIY.)

(Sittings in Banco.)
ULYNN V. HOUSTON.

This was an action for false imprisonment, brought against the
defendant, Sir T. Houston, who was Governor of Gibraltar from
1631 to 1835, in the former of which years the house of the plain_
tiff, a merchant residing in the town at the time, was entered by a
pasty of soldiers, whose officer stated that they were sent by the
Governor to search for General Torrijos and other Spanish refugees,
who were supposed to be concealed there. A sentinel was placed
at the door, and Mr. Glynn and his family were placed under a sort
of arrest, whilst the search was being made. For this the ac-
tion was brought, and damages were laid at 10,0001. The
case was tried at Guildhall, before Mr. Justice Erskine,
when the Jury found for the plaintiff, damages 501. The
Attorney-General since obtained a rule nisi to set aside
the verdict, and grant a new trial, on the ground that the
evidence was not sufficient to bring home the act of the sol-
diery to the Governor; and secondly, that if it were so, Sir T.
Houston, was justified by the order of the Secretary of State,
who directed such search to be made, as it was understood
that Torrijos and other refugees at that time concealed in Gib-
ra!tar, were preparing to invade Spain, with which Great Britain
was at peace, from British territory; and the result proved that
the Government acted upon correct information. Tne Governor
wzc not personally responsible for his obedience to that order ;
but if he were, the inconvenience complained of by the plaintiff
was not connected with hint by the evidence at the trial.
The SOLICITOR-GENERAL, and Sir FREDERICK Pol.-
Loess showed cause against this rule, contending that
the evidence was sufficient to establish against the Governor
the illegal detention of Mr. Glynn and his family—that the Jury
were justified by the facts, and that the damages were not exces-
sive. The Governor was not justified by the orders from the
Government at home to arrest unaccused persons.
The ATTORNEY-GENERAL r:plied.

The COURT hold that the question was properly put to the Jury,
and that the verdict was borne out by the evidence.
Rule discharged accordingly.

EXCHEQUER COURT- THIS DA 1.

The Court has given notice that their lArdships will sit in
Banco on the 11th, 12th, and 13th of February, for the purpose of
disposing of the cases which may remain in the new trial and the
special paper at the end of the term.

There was nothing of the slightest importance to the public came
Wore the Court to-day.

THE MARKETS.-(THIS DAY).

CORN
Last week's arrival of Barley
middling. The fresh supplies
lity maintained last quotations ;
dull and ls. per quarter lower.
former prices, Boiling pease
qua.ter dearer. The Oat 11.16
with very little improve.i.eut or.
Flour v,ry dull in sale. (:loser

.CHANGE,
• was good, and of other Grain
noderate. Wheat of good qua-
; other sorts sold heavily. Barley
Beans met a slack demand at
unvaried. Grey Peas Is. per
'e was not so lively as last week,
ti the terms of this day se'nnight
seed lower.

FAKES ON BOARD OF TFIP.
Wheat,Bed (old) —a —6 Beans, Small (new) 43. 455.
White (old) —v. —s• -- (01 00000 G..
R . 45- 491%
••••••• ed 084.) 50. 54, Tick (new 37 39
----- Fine 558 57s
Superfine 588. f 3. Harrow (new) 404.41 s
White (1840 ....545. 5 ts. -- (old) 445. 4t'/.--- Fine (oa. Ws Brank
Superfine 63s 68s. Oats, Feed
--.—Foreignf ree .511 6S;. - New °0.235.
Rye .38s. 40a. Poland ; ....s.
Barley .265.37.;. ------ New ‘,5 ‘..
Grinding '6s '2s4. Potatce
Malting ft2s. 8.5 . - New 266. 30s.
Malt .Ms. tUs Scotch 07. 30s.
,---- Fine New 625. C3s Irish 183. ... 15.245.
Pease, Grey, New 3,.5. 38s. Flour Town (per sack).... 50s. sf.s.
Maple New 40,. 421, —. Seconds 465. 48s.
White 345. 3 ;o. --.. Ntrth Country.... 45, 46.
Boilers 37s. 385., Bran lls 12.
.
ARRIVALS OF GRAIN IN LONDON DURING LAST WEEK
Wheat. Barley. I oats. I net,
English
t)
'.reign

--- I.rls