The Sun.
London, England, 1848-05-12 00:00:00

NAPLES AND SICILY.

The Alba of Florence announces that disturbances
took place at Naples during the night of the 29th
ult., to overthrow the Ministry, of whom several
members gave in their resignation.
The bombardment of Messina had not ceased up to
the 25th. It was continued even on Good Friday.
According to advices received from Udine of the
3d inst., Count NUGENT had advanced without oppo-
sition from Sacile to Conegliano. Everywhere
the inhabitants came to meet him with white flags.
The peasants assert that the inhabitants of Treviso,
weary of the extortions committed by the Free
Corps and armed insurgents, will surrender
without resistance. Palma Nuova and Osopo are
blockaded, but still held out; a fire was opened on
the former fortress on Sunday, but there are so many
officers there who have been compromised in the late
proceedings that they will probably defend themselves
to the last extremity. It is probable that Count
NUGENT will meet with determined resistance before
he can reach Treviso.

Private letters from Ancona, of the Ist instant,
announce :the arrival of several battalions of Nea-
politan troops in that town, on their march to aid in
driving the Austrians out of Italy. It was expected
that the entire Neapolitan force would amount to
8,000 men.

CHANCERY.—(THIS DAY.)
The Lord Chancellor sat in his court at Westminster
today and heard appeal motions, it being the lust day
of Easter term.

HOLSTEN V. THE LONDON 'AND NORTH-WESTERN

RAILWAY COMPANY.

This case came before his Lordship upon an appeal
motion to discharge en order made by his Honour the
Vice-Chancellor of England, granting an injunction re-
straining the London and North-Western Railway Com-
pany in the construction of their railway at the point
where the line is nearest to the Crown Hotel, Lea-
miugton, and from approaching nearer to it than was
shown by the line of railway delineated in the plan depo-
sited with the clerk of the peace.

The arguments occupid his Lordship the whole
morning.
Motions of no interest occupied the Master of the
Rolls, and the Vice• Chancellors Knight Bruce and
Wigram the whole day.
The Vice-Chancellor of England only sat for a shori
time, in consequence of the absence of Mr. Stuart and
Mr. Bethell, who were engaged in th 3 Lord Chancel-
lor's court.

The Equity Courts will not sit again till the first day
of Trinity term (Friday, ➢iay 26).

QUEEN'S BENCH.-(THIS DAY.)

THE QUEEN V. KING.

This was a prosecution for perjury at the instance of
a person named Feltham, who it appeared had been
nearly two years in prison in consequence.
The defendant, Oliver Waterloo King, was engaged
in the wine trade, and Feltham and he had had some
dealings. The perjury consisted in King swearing that
Feltham owed him 461.
The case has been tried twice; in each trial the jury
found King guilty of the offence imputed to him.
Mr. CLARKE prayed the judgment of the Court upon
the defendant, who appeared on the floor to receive its
sentence.
Mr. PARRY moved for a rule to show cause why a new
trial should not be had, on the ground of insufficient
evidence, and misdirection on the part of the Learnt d
Judge who presided at the trial. The Learned Counsel,
in a lengthy address, laid great stress upon the fact that
the perjury was not sworn to by two witnesses, and con-
tended that in a case of this nature, after the dictum of
Lord Chief Justice Tindal, who held that perjury must
be proved by "two living witnesses," the offence
could not be held to be proved unless the charge were so
substantiated.

Lord DENMAN said in all cases they must look at
collateral facts. This case had been fully investigated,
and the offence had been clearly brought home to the
defendant. He did not think that the Learned Counsel
had stated any new fact to lead the Court to the opinion
that a new trial should be granted.
The other Learned Justices concurred in the same
. .

opinion.
The defendant declared that he was as innocent of the
offence as any of their Lordships, and that whatever
might be the sentence passed upon him, he should be a
ruined, characterless man. He had already been made
a bankrupt.
Affidavits having been read, giving the defendant a
good character,
Mr. Justice PATTISON pronounced the sentence of the
Court—Eight months' imprisonment in the Queen's
prison.

BAIL COURT.-(THIS DAY.)

(Sittings in Banco, before Mr. Justice COLERID;_IE.)

EAGLE V. EASTERN COUNTIES RAILWAY COMPANY.

Mr. WATSON applied for a rule calling upon the
Eastern Counties Railway Company to show cause why
the Sheriff of Suffolk should not be called on to summon
a jury to assess the damages sustained by an injury
done to a wild-duck decoy, through which an extension
of the Eastern Counties line passed. The line passed
within thirteen chains of the decoy, and the noise pro-
duced by the engine and trains running over the line,
had had the effect of driving away large quantities of
the ducks. Mr. Eagle claimed 6001 as compensation
for this injury; but the Company had treated his over-
tures with silence, and he had therefore been compelled
to seek the protection of the Court.
Rule nisi.

EX PARTE BURNCASTLE.
Mr. Justice COLERIDGE said in this case Mr. Bovil
had moved for a certiorari to bring up an inquisition,,
for the purpose of being quashed or traversed. (rile
circumstances of the case have already appeared in Thc
Sun.) The Learned Judge, after going fully into them,
proceeded to observe, that the Court could only grant
such an application in cases where the inquisition was
detective, or where it contained some material fact, that
it was desirable to traverse. Now, in this case there was
no defect upon the face of the inquisition, nor was there
any material fact to traverse, but the jury had tacked to
their verdict an irrelevant observation, which reflected
upon the character of Dr.
Burncastle, and it was this
irrelevant observation which it was wished to have
quashed. In the case of ex parte Scratchley, where the
jury returned a verdict, that the deceased com-
mitted suicide, while . suffering from the cruel
conduct of a Mr. Scratchley, the full Court
decided that the jury had no right to cast such a
reflection upon Mr. Scratchley, but as the words
conveying the reflection formed no part of the verdict,
the Court refused a certiorari to quash them. This
case was precisely similar to that ; and, acting upon the
principle it established, he was bound to refuse the pre-
sent application. He could not, however, dismiss the rule
without expressing his regret that the' Coroner should
so far have exceeded his duty as to consent to take
down the statement reflecting upon Dr. Burncastle's
character, while he considered that manifest injustice
bad be en done to the Doctor by the jury and the Coro-
ner refusing to hear him in his defence or to receive the
evidence which he was prepared to adduce to explain
the cause of death.