The Sun.
London, England, 1848-12-20 00:00:00

IRELAND.

Dump.; Disc. 19.—The order of the Judges at the
Commission prohibiting the publication of the proceed-
ings in the case of the Queen v. Duffy, has given gnat
dissatisfaction to the public, and mortal offence to the
press, more especially the Conservative portion, by which
it is denounced as unjust and tyrannical. The folly of
the proceeding will be strikingly exemplified this morn-
ing, on the delivery of the London papers of yesterday,
which will contain full reports of what occurred at
Green-street, on Saturday, while the Dublin journals
published yesterday and this morning give them in blank.
The Evening Packet threatens to set Judge Perrin at
defaciattie this evening, and publish the proceedings in full.
TRIAL OF CHARLES GAVAN DUFFY.
DUBLIN, DEC. 18.—The Court sat at ten o'clock,
when Charles Gavan Duffy was arraigned.
The Court gave judgment against the prisoner on his
motion to quash the new indictment.

Judge Piaaisr said that the prisoner had been called
upon to plead to an indictment found by the grand jury
of the city, charging him with felony, in compassing to
depose the Queen, and levy war against her Majesty
under the statute of last session. The prisoner had
moved through his counsel that the indictment be
quashed, on the ground that another indictment was
pending, charging the same offence, found by the grand
jury of the county of Dublin, and preferred against the
prisoner, under the 6th of George IV., chap. 51.
It was now contended that the Crown were bound to
abide by the first indictment, so found by the county
grand jury, and could not try the prisoner under the in-
dictment found by the city grand jury; therefore, the
indictment ought to be quashed. It was plain upon the
authorities that there was no legal objection to the
Crown availing itself of a bill of indictment found by
the city grand jury while another indictment was pendr
, ing; but the Court were bound to protect the prisoner
from suffering any disadvantage, or being tried a
second time for the same offence. There were clear
authorities establishing that the mere fact of the existence
.or pending of another indictment for the same offence,
was not a sufficient ground for calling upon the Court to
quash a fresh indictment. It was so ruled in a case
referred to in " The King v. Stratton," cited by Mr
Butt, the case of " The King v. Wells," 3d. Barrowes,
and also in Ist Blackstone's Reports. It was not illegal,
as appeared by the authorities to which he had reter-
red, before the statute,. to have a second bill found, so
• that it seemed difficult to bold, that where there was no
provision in the Act they should imply the existence of
a provision' restraining the Crown from preparing a
second bill in the place where the offence was committe— d
,and where, upon furtheeconsideration and reflection,the
first officer of the 'Crown
rown might deem it fit and proper
ii to
m
proceed. No doubt the Court, at the same timeou take
.care to prevent any oppression, or any vexatious use or
.abuse.of the proceeding; but no authority Was adduced
to show that one of several indietments (where more than
one had been-preferred, as in the case o. f a larceny in a
stage coach) was either invalid, or
better than the
other. Be was of opinion that there was nothing in the
statute prohibiting the Attorney General from sending
up a fresh bill of indictment in ti3e
although a bill of indictment had b
coufntye st the ciiti
en
be found, in the county. He did
note thinktn e rthatm f,iy3
he
Court could imply a provision, the effect of which would
be to deprive the Crown of the power of enforcing the
due administration. of justice, by proffering a fit and
proper bill, if, it were the opinion of the responsible ad
viers of the Crown that that was the preferable course
to take. His Lordship then proceeded to show that
indictment was only one-third the size of the previous
indictment, and neither the Court nor the Coun.el could
object to the indictment upon the ground of its brevity.
It appeared to the Court that the application was one of
first impressions, and as the prisoner would not be in any
manner prejudiced by the trial he felt it to be his duty to
refuse the motion. _ _

Baron lticnAnns concurred in the judgment delivered
by the senior Judge.
Mr. Duffy here addressed Judge Perrin, and observed
that it would be a serious injury to him if his Lordship
refused to withdraw tho order which he had made on
Saturday---namely, that the proceedings should not be
published.
Judge PERRIN said that he would hear the prisoner
through counsel and for himself.

BUTT, Q.C., one of Mr;lDuffy's counsel, here ad-
dressed the Court. He said it was irregular for auy
one to address his Lordship upon the subject; but he
understood his client to be desirous that his Lordship

Iwould not carry out his order prohibiting the publication
of the trial till it had terminated.
Judge PERRIN—We cannot comply with the request.
The prisoner was then called upon to plead.
Mr. O'llAcAN, one of his counsel, handed to the clerk
of the Crown a plea in abatement, on the ground that
the prisoner could not be called upon to plead, inasmuch
us two of the grand jury by whorl,' the bills had been
found, namely, Walter Sweetman and Patrick Boylan,
were not at the time inhabitants and freemen of The city
of Dublin.
The case was then adjourned to two o'clock, to give
the Counsel for the Crown an opportunity of coliidering
what 21:15 or they would give to the foregoing plea. At
two o'clock the law officers returned into court, arid
were informed by their Lordships that as they had taken
up another case (one on z.hich a woman was chargcd
with having pois.ned a 'mad named Thomas Nolan),
they should postpone the further bearing of the ar-
guments in Duffy's case till the following morning
(Tuesday).
Judge PERRIN threw out, that as the Court would
protect the prisoner from being injured by the•existence
of another indictment, it was for the Crown to say wile-
ther a none proaequi should not be entered upon•it.

RAILWAY INTELLIGENCE.
OPENING OF THE TIAILWAY FROM LINCOLN TO HULL.
—On Monday last this line of railway was opened for
public traffic. It is part of the Manchester, Sheffield,
and Lincolnshire system, and furnishes a direct route
from Hull to Lincoln, and, by means of the Nottingham
and Lincoln to Derby, Leicester, Birmingham, and
the Midland district of England; and the route from
hull to London, via Lincoln and Rugby, is very few
miles further than by the East Lincolnshire, and the
Eastern Counties lines. The first train for Hull left
Lincoln on Monday at 7 15 A.N., and reached New
Holland Ferry at 9 45, and Hull Pier at 10 15. Three
other trains followed in the course of the day. A train
left Hull about eight o'clock, and reached Lincoln at
eleven o'clock. Other trains left Hull at noon,' and the
company who came by the opening train from Lincoln
returned at 3, and 515 P.X. The distance from Lincoln
is 451 miles; the route for the first 15 miles. to:Market
Rosen, is north-east. The line starts from the Midland
station at Lincoln, crosses the river Witham (overwhich
a handsome bridge, on the tubular principle, has been
erected), and runs close past the ruins of the old Monk's
Abbey; it then proceeds through Willingham, Itepham,
Langworth, and Wickenby to Rasen ; from Wiekenby
for 15 miles north, the land on either side the line is
poor, and the prospect uninviting, being only relieved,
now and then,, by views of the Lincolnshire Wolds on
the east. From Rasen the line proceeds due north for
10 miles, where it joins the main trunk line from Shef-
field to Grimsby, on which we ••proceeded some four
miles due east, to Brocklesby. The seat of.the Earl of
Yarborough (chairman of the railway company) is close
adjoining. The station is a highly. ornamental struc-
ture. A mile further east and the Hull line
leaves the grand trunk, and at Ulceby junction
proceeds again due north to New Holland,
passing by the way the majestic, 'ruins of Thorn-
ton College, formerly a monastery, but at the disso-
lution changed into- a college (here Henry the Eighth
rested for a night on his visit to Yorkshire). New Hol-
land is now an extraordinary place. A few years ago it
was unknown. A creek, was made, as a drainage outlet,
up which the smugglers ran their contraband spirits
(Hollands). It thus acquired the name it bears. The
railway company have erected a pier which runs some
500 yards into the Humber, and the railway carriages
run on to the very extremity, taking and receiving goods
and passengers to and from the steam-vessels which ply
ten times a day between New Holland and Hull. At
this terminus a handsome station has been erected, spa-
cious warehouses for goods, with yards and sheds for
cattle. A branch railway to Barton Ferry is nearly
ready, and a spacious dock is in course of formation.
The works on the line—cuttings and embankments—are
rather heavy, but there is no tunnelling.
SOUTH DEVON.—The requisition of the Bristol share-
holders, call►ng on the directors to convene a meeting
fur the reconsideration of the atmospheric system, has
been presented to the board, but it has not yet come un-
der consideration. Mr. Woolcombe (the late deputy
chairman) succeeds Mr. Gill, M.P., as chairman of the
company. None of the atmospheric apparatus has yet
been taken up for removal, and the locomotives still work
over the rails with the tubes between them. The recent
high tides have swept away a large portion of the public
promenades on the sea side of the line, and at some ex-
posed points where the sea encroaches too near to the
rail, so as sometimes to sweep on to it, breakwaters are
being constructed. The extension of the line from Laira
into the heart of Plymouth is not likely to be opened
before February next.

NEW RAILWAY ARRANGEMENTS.—Yesterday (Mon-
day) the new arrangements commenced, by which pas-
sengers may proceed almost the entire distance between
Manchester and Southport by railway. These arrange-
ments are effected by the Lancashire and Yorkshire,
and the Liverpool, Crossby, and Southport companies,
and the entire distance is travelled in little more than
two hours and a half, a saving of about one-half the time,
in comparison with the old route v a Euxton.—Liwer.
pool Mercury.
EDINBURGH AND NORTHERN RAILWAY STATIDN.—
A wooden terrace from the platform in front of the
booking offices at this station to the top of the tunnel,
between Prince's-street and Scotland-street, has jolt
been completed, with commodious staircases diverging
on either side, and leading up to Prince's-street, by
which a much more convenient access to the :tstiiin
is opened up than that gained hitherto by
Waverley-bridge. To the passengers by this lino,
this will prove of considerable advantage, being much
cical,er and more generally agreeable than the as yet
unpaved northern half of the bridge, to cross which, in
Net weather, is extremely unpleasant, while it will also
divert a great part of the throng from this bustling
scene, at train hours more esi,ecially.—Caleduniun
.31ercury.

Yon&, NEWCASTLE, AND BERW/CIE.—Mr. Hudson is
about to take in hand the entire completitri of the docks
at the Tyne, which will give to the York, Newcastle, 'and
Berwick a perfect water terminus. •
MILK PER Raievrae.—The inhabitants of the great
metropolis, biiice the extension of railways, have been
supplied with pure milk in large quantities, in lieu of the
stuff previously sold as such. To show the vast quantity
brought even by one line will surprise many of our
readers. From Woicesur-park, near to Kingston• on-
Thames, there are 56 cans, each containing from 14 to
18 gallons, seut every seven days, making at least a
total of 850 gallons of pure new milk con-
veyed in that short petiod. From the stations' at
Woking, Weybridge, Chertsey, Farnborough, Guild-
ford, and Richmond, also on the South-Western line,
there are nearly as many gallons sent from each, so that
on this railway alone there are between three and four
thousand gallons sent for sale in aed around London.
Supposing each cow to give 30 gallons per week, nearly
200 of those useful beasts are kept for that purpose in
these particular districts only. From the Brighton,
South-Eastern, Great Western, and North-Western, even
a greater number of gallons arrive daily. Oti the
Eastern Couuties, by way of Colchester, Cambridge,
Hertford, &c., that quantity is nearly doubled, so that,
at a moderate computation, 30,000 gallons are retailed
every seven days (even if not adulterated) through the
Streets of London, exclusive of what is produced from
the London cowkeepers—to supply which more than
1,000 cows are kept and milked—giving esoployment.to
more than 1,500 individuals, producing an annual tuna of
nearly 100,000/. at le. per gallon. bringing into the ex-
chequer of each railway from 5001. to 1,000/. every
twelve months.

The complexion of the commercial news from
India by the Overland Mail may, on the whole, be con-
sidered favourable. The lowness of the stocks of goods
at Calcutta and Bombay had tended to keep up prices,
although the transactions bad not been on an extensive
scale. Since the termination of the Ilindoo holidays,
business at Calcutta had not resumed its former activity,
while at Bombay there appears to have been a fair de-
mand for cotton piece goods. Yarns were steady, but
not in much request. Owing to the warlike preparations
in the north of India, and the impending hostilities in
tlie Punjaub, there was a great disinclination to part
with money on the part of the native shroffs and banker;
slid a tightness in the money market was rather ex-
pected. Government securities had consequently de-
'clined. Some forged notes of the Bombay Bank had
been detected, which had occasioned a temporary run
and some inconvenience, but it was soon seen that there
was little cause for alitm, and the affair subsided. Ex-
change continued much as before, ls. 94d. to 9id being
the rate for good bills at six months' sight, and" fir
drafts covered by skipping doses:mar.
SHEERNESS, DEC. 180-7 The Dutch sh yesterday,
and Captain Bleve, left, Standgate Cree
and proceeded to sea on the following morning. in charge
of T. J. Brown, Trinity pilot of this,port. Theshipleft
Rotterdam
early in November with troops... And eitter
reaping
down the English Channel, . when. between
Beachy Head and the Isle of Wight, the cholera broke
out on board, and four soldiers, the carpenter, and cook,
speedily fell victims to the disease. On returning to the
Downs she was sent by the Dutch Consul to Standgate
Creek, where the deaths subsequently increased to four-
teen. Several who had recovered from the attack of
cholera, amongst them the chief mate, have been at-
tacked with virulent small pox. _

The accounts from China give an unfavourable
view of the market for British manufactures, cotton
yarns and long chiths having both declined in price, and
the large quantities knovin to be on the way were et-
pected to depress,the rates still further. Spanish atelPes
had • rather improved, but long ells had declined, 'arid
eamlets were without change. Cotton, iron, and cloohi•
neal had all fallen in value. The demand for tea had
been good, at an advance of one to two taels. These ac-
counts confirm the short supply of silk; prices of good
quality were well maintained, but inferior sorts had de-
clined in value. The exports from Shanghae were only
3,097 bales this year, against 8,700 bales to same date
last year. Exchange on England, 46. Freights froin
Canton, 31. 10s. to 4/ ; from Shanghae, 4/. for tea, and
41. 10s. for silk.

A JUDGES'S SYMPATHY.—Baron Alderson asked
some gentlemen of the bar how many counsel were en•
gaged for the defence in the conspiracy case then
being tried before Mr. Justice Erle. The answer was--
"Seven." " Se‘ en 1" exclaimed his Lordship ; " then
the Lord have mercy on Mr. Justice Erle."—Liverpool
Mercury.
A FREAK OF FORTUNE.—Some two years ago an
exiled role arrived at Watertown, U. S., friendless and
destitute.. He obtained employment at his trade as a
dyer, and married a poor orphan girl, who, like himself,
possessed none of this world's riches. The couple were
agreeably surprised, a few days ago, by intelligence from
New York that a fortune of two .hundred and fifty
thousand dollars awaited the orders of the poor Pole
and his brother, the latter residing in' England. An
uncle has died in the 'East Indies, bequeathing to the
two brothers this handsome fortune, every dollar of
which has been remitted to New Yerk.-•2VQ>o Raven Pali

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Dec. 19.
(Sittings at Guildhall, before Lord Chief Justice DEN
MAN and a Special Jury.)
WILSON V. HOLDEN.

This was an action brought by the plaintiff, a stationer
and printer, to recover the sum of 941. from the defend-
ant for work, labour, and materials supplied to the Avon
and Severn Valley Railway, he being one of the pro-
visional committee. It appeared that the orders were
given through Mr. Brooks, the secretary, who deposed
to the attendance of the defendant at various meet-
ings of the committee, and to his taking an active inte-
rest in the undertaking.
It was shown by Mr. Waterlow, jun. (the firm of
Messrs. Waterlow having done some of the work), the
plaintiff's son, and the managing clerk of Mr. Bailey,
the paper-maker, that the work, though charged
at a high rate, was not exorbitant, considering
the extraordinary nature of the period-1845 ; whilst
Mr. aiding, the banker, produced a letter signed
by the defendant mid other members of the committee,
requesting the firm with which he was connected to open
an account with the company.
Mr. CROWDER, who appeared for the defendants, con-
tended that no evidence had been adduced to show that
the secretary was empowered to act as the agent of the
defendants, and that unless the jury were of opinion
that the secretary had so acted they could not find him
liable.

Lord DENNAN told the jury that the appearance of a
person's name as a provisional committeeman in a pro-
spectus did not necessarily render him liable for the whole
of the debts contracted by a company, but he could not
get rid of all liability. It was right that they should
bear in mind that the defendant did not become a com-
mitteeman until the 27th of September, and that the
bill dates from the 22d of that month.

The jury found for the plaintiff for the full amount
Claimed, after A deliberation of nearly four hours.

BAILEY V. BRACEBRIDGE.
This was an action brought by Messrs. Bailey Bro-
thers, the well-known advertising agents, to recover the
NM of 7704 the balance of an account of 1,5001. odd, of
which about 8001. had been paid. The plaintiffs were
the advertising agents of the South Midland;of which the
defendant was the vice-charman. The project, which
was originally entitled the " Ashby de la Zouch
and Burton-upon-Trent," was an unfortunate one ;
but little more than soot. was paid in the shape
of deposits. The advertisements were inserted in
the morning and evening newspapers, and it was shown
*bat the charges and per centage were reasonable, consi-
dering the nature of the period and the great additional
expense involved in getting the advertisements inserted,
and of employing extra clerks, cab hire, &c., and further
that no complaint was made of the charges by any one
connected with the company.
Mr. 111731171LEY addressed the jury for the defendant,
and contended that the defendant had never pledged his
in lividual credit to the plaintiffs, who had inserted the
advertisements upon speculation, expecting that they
would be paid at some time or other by somebody. The
defendant had already paid 100 guineas as his share of
the expenses.
Lord DEMEAN having summed up the evidence, the
ury gave their verdict for the plaintiffs—Damages, 6301.

COURT OF EXCHEQUER, Dec. 19.
(Sittirg• at Nisi Prius, in London, before the LORD
CHIEF BARON and Special Juries.)
7HOMPSON, M.P., AND ANOTHER V. BAILEY, M.P., AND