The Sun.
London, England, 1847-06-11 00:00:00

QUEEN'S BENCH.-(THIS DAY.)

The Court was occupied during the greater part of this
day with► the special paper. A f, w cases were disposed of
which possessed no public interest, and were merely technical
in their nature.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice WIGIITMAN.)
CAMPBELL V. BLAKE.

This was an application to the Court for a mandamus to
the custos Of a iown in Cumberland, requiring that he
should swear in the plaintiff es a churchwarden. It ap-
peared from the affidavits tat the parishioners had for a
length oft ime enjoyed tite privilege of appointing t so church-
wardens, without any challenge sit the right so to tic ; how-
ever, the ptesent custos retnsed to recognise it, and, under the
canon law, had appointed one churchwarden, leaving the
parishioners the appointment of a secoA. The affidavits
went on to state. that memory ran not to the contrary of the
parishioners' right to appoint two officers. The present pro-
ceeding was instituted, therefore, to try this right.
Rule to show cause granted.
SMYTH P. lIEWEL

This was an application to the Court to have judgment
entered nuns pro tune; it arose out of a suit on breach of ,!on-
tract. It appeared that the defendant was partner of the
plaintiff in the isinglass trade, and in consequence of some
Jealousy between them they agreed to separate, hut a large
balance was claimed by the plaintiff as due to him. On the
settling of the accounts the defendant refused to pay the
sum, and the plaintiff accordingly, holding some acceptances
of the other passed for their mutual accommodation, pro-
ceeded to recover upon them. An arrest of judg vent was
moved and g.anted, and the defendant had since absconded,
and was stated to be residing in France. and although
warned of this application bad refused to appear.
Application granted.

SECONDARIES.-(THIS DAY.)
(MAT Mr. Secondary ParrEit.)
M.% N N . CHATTAWAY.

The plaintiff in this action is a gentleman residing at. Bir-
mineham, and the de'endant was connected with the Deroy
and Uttoxeter Railway. The action was brought to recover
the sum of 40!. 12s. 6d. for money had and received by the
defendant, to and for the use of the defendant, and interest
thereon.

The defendant suffered judgment to go by default.
The plaintiff's counsel said the transaction *.rose out of one
of the railway schemes of 1845, and the plaintiff bought scrip
for twenty-five shares in the Derby, Uttoxeter, and Satli,rd
Railway Company, and paid the deposits upon them, but in
March, 1846, the project was abandoned, and the d irectors
proposed to make a return to the scripholders of
30s. 6d. per share. The plaintiff wrote to the de-
fendant as the secretary, and, enclosing the scrip,
requested him to obtain the money and remit it. Two or
three letters were received from defendant with excuses and
promises, but as no money was forthcoming the present ac-
tion was commenced.

The SECONDARY said all this might have been done as
agent for the company.
The Learned Counsel said that*he would prove that after
the writ was issued defendant wrote to plaintiff's attorney
and asked for the amount of debt and costs, which he pro-
mised to pay. This fact having been proved,
The Learned SECONDARY said that the claim for interest
could not be maintained; the defendant had never guaranteed
to pay it.
The Learned Counsel said that the declaration claimed
1001., and defendant, by not pleading, admit!ed all to be due.
The SECONDARY said interest could not be recovered ex-
cept under an agreement, or allowed by law.
The jury gave a verdict 1,,r the plaintiff; less interest.

BOW-STREET.—(THIS DAY.)
Mr Wylde, the well-known map engraver and publiher of
Charing-cro,s, appeared before Mr. Jardine to answer a
summons at the instance of the Trustees of the British
Museum, charging him with neglecting to deposit copies of
four of his publications at the Museum, within the time pre-
scribed by the Act.
Mr. Wylde when called on to plead. wished first to make
some observation. which he sail would save much time and
trouble to the Court and to Mr. Bodkin, who appeared as
counsel for the trustees of the Museum; but being told that
nothing could be heard till he had pleaded, he pleaded " Nut
Guilty," observing that he did so as a matter of form.

Foimal evidence wa* then given to prove that Mr. Wylde
had published two Nos. of the "Popular Atlas of the World ;"
a railway map of Great Britain, and another of Ireland, in the
course of the present year without depositing copies at the
Museum.

Mr. Wylde, in defence, said that he had no wish to avoid
giving copies of his works to the Museum as required by law,
but, on the contrary, he was exceedingly anxious that his works
should find their way into the archives of that institution, and
remain there for ages to come. Neither was he disposed to
dispute the tight of the trustees to have copies of all new
editions deposited, as that question had already been decided
in this c .urt ; but he really could not conceive that they re-
quired to have copies sent which contained errors,
and others in which those errors had been cor-
rected. In this instance errors had been made in
each of the four public.tions. and he had only delayed send-
ing copies until they had been correcte I. He thought that
in courtesy the trustees might have given him some notice
before taking this proceeding, as a sim be note front their
solicitor would have led to au explanation, and saved much
trouble. Ha was by nu means disposed to be illiberal in these
matters, on the contrary he gave away nearly 100 copies
every work he published to public institutions here and
abroad; and if he had otjected to give copies of new editions
on a former occasion, he did so as a matter of principle, being
under the impression that the Museum was not en' itled.
Mr. Bodkin said he did not believe the defence offered.
He thought that Mr. W. ylde as refusing to send these
works from obstinacy, thinking it barl that he should be
compelled to send copies of reprints. It was not the businesN
of the Museum to write notes to every publisher who neglected '
to send copies.
Mr..Janninx did not think
i the defendant's answer suffi-
cient. Even supposing that t was the case that he kept
the works back in cyder to make corrections and send perfect
copies, it was his business to communicate with the
trustees, and not to wait for them to write to
him. He would inflict the full penalty of 21. for
each offence, making 81., and Bs. 6d., the value of the
works; and he would order him to pay 101. for the costs in-
curred in the prosecution by the trustees.
Mr. Wylde immediately paid the tine.

THE FORGERY BY A GERMAN.—MANCHESTER,
JUNE 10.—This morning Adolphus Schultz, the young Ger-
man who was yesterday charged with forgery, and remanded
for a week, was again brought up before Mr. Maude, Mr.
Beswick, having obtained further evidence. It appeared
eo from
wtoh el
etctoenrfse sostiocnr
eodfi'
t,t 101 en
ep roi -f
swf roohnmiecrh, theht
haadetvbhi
edeeennhcpaea,di
paid
forgedn
idLl
sontdhiron, and the other in Manches-
ter, and that the third, or original one, had been cashed on
the continent. Mr. George Bests, from the firm of Messrs.
Suse Sibeth. of Lomb.n, deposed to the handwiiting of the
house, in Vienna, from which it appeared that the letters
produced in Manchester and ;minion were both forgeries.
the prisoner was fully committed to take Lis trial at the next
Liverpool assizes.
THE LATE 1/R. RA msnoTHAm. --This eminent physi-
cian, John Ramshotlum, M.D., has bequeathed the receipts
which may arise from the sale of his medical publications to
his wife during her life, and has directed that an annuity ofl
1501. shall be purchased for her, and that she receive the in-
terest of the residue of his property. And at her decease he
leaves to his son Francis Henry Ramsbutham, M.D., who is
the acting executor of his will, the copyright of all his me-
dical works and all other medical books, and his manuscript
cases; and then, after making one or two bequests, he divides
between his sous Francis and Charles the ultimate residue of
his property. He had attained the age of eighty, and had
purchased only a year be'ore his death an annuity of 1801.
for his life; which was insured in the Equitable and London
Life Assurance Offices.

FRANCE AND SWITZERL.AND.
'The Swiss journal the Helvetic publishes the following
correspondence which has taken place between the Pre-
,i,fent of the Swiss Directory and the French Ambassa-
dor. The following is the letter of the French Ambas
sador. M. Bois le Comte :
"M. le President,—lt was my first intention to present
esent
to your Excellency only the expression of our
that your magistracy may bring happiness to Switzer-
land, but I feared that this, devoid of all explanation,
might make you believe that there was some disaccord
beta een me and some of my colleagues. The virtue"
stances which attended and followed your election, the
speeches you delivered before and after it, have appeared
to me to render it necessary for me to open my relations
with you by an expose which can leave no doubt amore
our principles in your mind. This course will be
candid and more proper. I have to explain myself on
t wo subjects, the corps francs and cantonal independence.
M. Guizot, in his letter of March, 1845, expressed him-
self as regards the corps franee in terms which make it
unnecre nary for me to add anything. He has founded,
his right to express himself in this way on the right al
the
every Government to protect the bases of order, and
relation between nations against the principles and dis-
errb.rs by which they may be attacker. He has founded
it also in the more direct interest of France, and it is.as
respects that interest principally that I address you, for_
if, as in the sit'ings of the Grand Council, the chiefs of
the state admit c xcuse to provide for the care of a peoplei±
imagining that its Government is too tardy or too web
in doing it justice, tali, justice into its own hands y_
resorting to force, the same principle may be aPplied.g.?
the relations with foreign states as well as to those wq.l2
other cantons. The 15.000 French who reside in Swlt-
zerland on the faith of treaties may one our
find thew'
selves exposed to this popular justice, and our frontiers
may be compromised. All security of relations
this
PP with a Government which shoold admit thisii
princii.lo, and which cannot answer for the armed action
interest and of our positive right that.
if its populatten. It is also in the name of our direct
if speak to
to eat
the sec rad question respecting which I have treat
one 1
with you. Eery nation is intl. pendent, but it is
the attributes of its independence to have the power °9l.
restraining its exercise by treaties with other nat?lidi
France has done this several times, at different Peri° f
ef her history, particularly it) renouncing
fortifying hey« ral parts of her territory. Switzern!nedr
nas done as France has done. Whilst preserving 1.1,0
independrnce, she has signed a treaty which lunits wof
exercise of it on some fixed oints. I speak toy"
the eispositions of the act oft he Congress of Vieurt,.
which the diet of Zurich adhered by a solemn deccr,-,-1;
tion. The Act of Vienna dot s not recognise 011*-9.
unitaire, but a Suisse federative, composed of 22 eaarlitio
one or more of these cantons should one day W_,_l(),
that its independent existence was meeaced, and TO'
was sought to substitute a unitary Switzerland for r'—h.t,
tonal Switzerland, recognised by treaties, and asi
thereby our treaties were attacked, we .slitohueldfalicualvtei,°-9-
consider whether our treaties really were attacked. 600
very nature of this sort of questions, the consirs„,
of the right and fitness of raising them, renders tue—that
dr.pe;:dent upon circumstances connected with therl3' they
there is always a risk of falling into error when dope
are prewar ur, fy discussed. We have therefore net ht.
oc)
r.
this. We have confined ourselyr sto the simple
'ion expressed by the words, we will examine. I 11,„„ec..
cordance with the spirit and intention of the
feed) enabled to add that we wiil do this in Perk'. ho
powers
trwria,
:signed the said treaties, and particularly with "on
perfectly analogous to ours from contiguity'
who stands with regard to Switzerland in
M. Ochsenbein the President," a poaltis.o
of frontt,:.
tays the lielak;
the next morning pad a visit to M. de Bois le Cee?ro:
and read to him his answer. M. de Bois le Comte
ine;iiately objected, as he had not intended to renV;
note verbale, but only to deliver his discours epc
bit
11 Ochsenbein thereupon requested him to reewfh", to
answer as discours ecrit, and which seems t° e 5
express correctly the opinion of the people a Berl/-
well as of the Government."

The following is the President's answer :-- r
" M. le Comte ! In thanking your ExcelleneY Ord 00
good wishes you have expressed towards Switzerhol.
the occasion of my entering upon my functions,oa
•
bound to make the fAlowing observations on the C
't leats of '
referst:' e v etrob a
facts rio note
whichy ou
ahraeve delivered to
self,
and of which I have rendered no accopuellistotnoatihteoainutt:ri;
ties, or to the public opinion of my country, and to
wit
foresee eventualities upon which I am not called upellos
explain iny,elf, either personally, not agreeing hftM
consequences nraqu from them, or in the name 0 tea
Directory or of the Confederation, nut being werran:,,a,
in answering officially such communication without be_;
authorised. I reel it, however, to be my duty to aro:
your Excellency, that the federal authorities viill,l3o
make any attack upon existing treaties and that UV.
will in all cases entertain the firm will, and have to
power to cause respect to be paid to public order it
the rights of the people throughout the Swiss territo.e;
even when they at the same time oppose with he
energy i•very attempt at foreign interference in their m'e;
ternal affairs. and that they will never allow any Poke
or any minority ut minions the right of interpreung_Ae
federal compact,—a right which belongs to the Coat
ration alone."

THE SMALL DEBTS ACT.
T) THE EDITOR OF 11-1 E SCIN. ea
SlR,—The short, but excell4nt, article which apeeSr,,-,
ill your columns on Saturday evening, relative to i",.
discharge of a prisoner by the Court of Common Pleti"
who Lad been committed to prison by one et the Countis
Courts tot tie- non-pa) went of an instalment, withal,
any notice being given ot the intention to apply for Oa
cotnmittal, entides you to the unqualified raise Its
gralitude oi all those who are unable but wiling to
and who are either suffering from threats (or actu _.
undergeing an imprisoement in velum, under circre4
stances never contemplated by the ttaulers of the ''''
or the legislative body that passed it). • iler
The following case is well known to me, and ow so
ones are tar from rare.—An order under the Ssi to
satisfy a judgment et the Court of Comm
Debts Act was obtained in the Court of Hankruetel,"
detendant %%as ordered to pay the debt and „c.°: t:
amounting to some 251. odd, by t 1 .nsta_ments ofdeerily
month. his employment being temporarh an °the
during the sitting of Parliament, he remonstrated on. of
operation of the order during that considerable Ps!: of
the year in which he would have no certain Inefter
CO3_
use
existence. The remonstrance was useless, the w
sooner saying that the Act gave him no P"Tro fasted
the instalments were regularly paid, but
such discrimination. So long as his oceuritll weans
oe.n Pleas. Pits
—the essence of the pow, rto make threat( of forty
iie was 1,0 longer able to cotni,ly• The ted to, end
then resor
days' confineAient in a gaol was ~. „awned his
th : consequence of that threat was, that "- r- and
•tations a
necessaries, gut into debt, and lest exP" efforts t°
friends, in addition to bodily health, in his
hethe
keep from so dreadful a punishtnent. Had net
opportunity of stating why the instalments were
the
paid previous to cu omittai, he could tbeW)hreloer---CeaSed•
have insisted on „
protection of the Act, which do. s nut give incarceratt°'
to the willing and pour, but to the unwilling and able ir
pay debtor —I am, Sir, your most obedient servant,
June 7, 1847. EQUITAS'

DEATH OF TilE ELEFMANT AT THE ZooLOGIC_,,°
GARDENS.—The habitual visitors at the Zoological Gard
in the Regent's-park, will learn with regret that their 0
friend the elephant, known by the familiar name of
departed this life, on Sunday morning last, after a go" ;
ness. During the .ast few weeks preceding his diaolll.l,urti°l3.
the health of the poor brute had been rapidly deterioran'alti
On Friday, the sth instant, the skin under the 101e;i:,Praa
cracked, and
nanwdhaiechodpeioluersmeffintitesdiotnhoefabultohoodritteioeks place.
arse
ga,A,niontgo
keep poor Jack in solitary confinement ; but he did flf,tbick
survive his seclusion. On Sunday morning he ow' hot
upun his haunches, with his fore legs extended before
and remained in this motionless posture for about twothirto
when, at half- past seven o'clock, his trunk drol)Ped_oraent.
ground and he expired without making any
He did mit fall over, but stiffened in the uPrighthiatle 031
which he lay, not even his head sinking. The pro
weigh.,
of Jack's death was a disease provoked by his great aasi
and aggravated by the want of sufficient exercise, is,
pro,
part of his tore legs situated below the knee. This %rial
ductive of excessive irritation, which affected tne._ted hi_
termini:or the
system generally. His suflerings were finally
formed 11 111016
a stroke of apoplexy. A large abscess had th. d
further nso;io0 is
lower jaw, of itself quite sufficient to cause dea
tricks An'
terminated the career of poor Jack, whose amusing__body's favoner;al pro'
docile manner had rendered him every
fessurs resident in the me, ropolis, the larger re ireteeina
mangled remains are distributed amongst the rtiouo bola'
t that the ;
been assigned to the College of Surgeons,
College, aid the King's College. It is
sum; and
attellif,
of the skin will realise a considerable an'ptiti
will be ma 'e to recover the dispersed frstghn:
.-elsersabiteTli
pe
skeleton. The loss of this fine specimen of
tribe must prove a very serious one to the ZoolnagolusL or is
and can scarcely be replaced fur a less sum than feet.
The height ut the elephant was between 12 and f role'
THE POLISH INSURGENTS.—The 71/1 feu
implicated in the insurrection of 1846 is, says a Ithena
216; but it is expected that nut more than half °
be brought to trial.

BI firms. Wife of 0.
On the 12th ult., at Pera, Constantinople, the --
Pisani, Esq., of a
inst. , s V.
on. v nifinf
On the 6th at Putney-heath, the lady of 1. W.
Es
On q., of a son. hirsi"'
the 6th in,t., at Kendal, the lady of Robert 13rait
Es On of a daughter
lady of
the 6th inst.,. at Wirksworth, Derbyshire, the 'a
Altreu Arkwright, Esq., of a daughter. ~,,n, OA
On the 7th inst., at Montpellier-crescent, Briga•--
lady of Allan Maclean Skinner, Esq., of a daughter. yd. Or
? ~_((,ti the Bth inst., the wife of Mr. John A. L. BO
Holloway place, Holloway, of a son.

• .- ------_
AIARRIED. a, ester,
On Thursday, the 10th iust., at Eccles, near Id--c 013
re
by the Rey. M. F. Fletcher, Mr. Charles Chambers, me late
Sheffield, to Elizabeth Crompton, eldest daughter o.f --
Andrew Todd, Esq., of Darley, Lancashire. Baird'
On the 11th ult , at St. Petersbur -41 Charles J. -
Esq., to Elizabeth, youngest daughter obi john }-1
of St. Petersburgli. Oa'
On the 29th ult., at St. Pancras Church, James -ealdest
Esq., surgeon, of Hammersmith, to Mary Anne, '
daughter of the late Edward Bell, Esq.

DIEb. d
On the 3d inst., at Amsterdam, inn, wife of 31r. A.stli
Mintz, merchant, aged 62. via Aollis
On the 4th inst., at Vale-place, Hammersmith, ~-----
Pat t ersyn, aged 70. Fil'
On the 6th inst., Elizabeth Clara, the wife of James
wards, bookseller, Bunhill-row, London. d9l'
On the 7th inst., at Hemel Hempsted Mrs. Cooper. Age of
On the 7th inst., Susanna, wife of Mr. James Noble,
Battersea. Dell'
On the Bth inst., Octavius Plunket, sou of Virilliato
Esq., of Woburn-place, aged 15. tsbir4
Margaret
BridgerGowhie, wife oft.healiev.v. Goowsi.o:l the Bth inst., at the Rectory,Sp xton Sorner____se a
----------0-INrtjit;t
GO,l- on : ~.rited and Published by hiLfltDO YOUDIG, -- . .
L.,1 and, Fria ,r, AL MP San office, Nu. lit, Strand, In the..a..y.:
7154/116 Savoy, 'n U. count" a 2,lkßactes, '".,;,00, .e,
..t4