The Sun.
London, England, 1846-07-02 00:00:00

able interference was proposed with private property, and
what particular objections any proprietor might haYe to the
same, as effecting his estate, and how far means could be
taken to obviate tries, objections. The Committee'consider
that, with the aid which the officers bebo ging to the board
could render to the Committees of Parliament, by laying-be-
fore them such investigations, and giving evidence in ques-
tions in dispute, the decisions of such Committees would 1,.•
more uniform, and the rights of individuals, no less than the
public interest, would be better protected than under the
present system.
The decisions and proceedings of the Board in ell. cases
would of course be reported to Parliament, stating the
grounds upon which the same had been come to.
The necessity for the immediate appointment of such a
Board, with sufficient powers delegated to it by Pariament,
has become the more urgent, as it appears that Committees
of Parliament on railway Bills, by way of solving difficui-
ties, and making provisions for contingencies, are constantly
in the habit of referring matters and attaching responsibilities
to the Board of Trade, which Board has not the means at
its disposal, or sufficient authority, to carry out many of the
subjects referred to them ; and the Committee are further of
opinion that there aro many functions, both in regard to the
control over railways when opened, as well as questions of
amalgamations, which might be advantageously intrusted to
such authority.
One of the witnesses examined by the Committee is of
opinion that all railways should be in the hands of Govern-
ment, and leased to parties by whom they should be worked ;
or, it not, that the country should be divided into districts,
as pointed out by the existing trunx lines; and that the
public interest would be best secured by control, combined
with a certain amount of competition. Mr. Cubitt, to whose
evidence the Committee wish especially to refer, has
suggested a plan of merging all railway capital into stock,
by which a great saving in cost of management and other
expenses would be made, and a valuable stock for investment
would be created, which, owing to the grea-, amount of trust
money invested in the public funds, becomes very desirable.
_ The question of the gauge has been brought incidentally
under the notice of the Committee. The evidence of diffe-
rent witnesses points out the great convenience which would
be obtained by a uniform and proper gauge; and the Com-
mittee wish to direct particular attention to the very impor-
tant evidence given by Mr. Cubitt, as to what in his opinion
appears to be a practical mode of obtaining this object, but
on which the Committee have not sufficient evidence before
them to pronounce an opinion.
And the Committee have directed the minutes of evidence,
with an index thereto. to be laid before your Lordships.

be had no hesitation in sAying that the cost of maintenarce
of each pauper, reckoning the interest of the money, would
be at least 15. x. a week. B,sides this, it appeared to him
that it vr:s too much to :ask fir i.cree.s,:d ccommodli f,r
400 patients, when acc•irdyip; to the same showine., they only
made out that there was 298 more to he admitted.
After a lengthened discussion the Court divided when the
motion was deesred to to eirri,d hv a majority of 7, the
numbers being for the mr,ti,,n 20, ag .ins• it 13.

PSIS .N DISCIPLINE OF THE COUNTY.
The next question for the consideration of the Court was
the condition of the prisons of the county, and the propriety
of adopting the separate system of imprisonment.
Mr. AUSTIN, in rising to make a motion upon the subject,
said it was not his intention at present to press upon the
Court the consideration of the question as to the value of
the system of separate confinement, but his object was to
obtain a remedy of the great evils th. t at present existed,
and induce the Court to endeavour to adopt some beam
system of prison discipline, leaving them to determine
whether it should he by separate confinement or not. They
should recollect that they were placed in tl e position of
having the charge of the crime of the county, and he called
upon them to consider what steps they bad taken to check it.
They had made two great changes. Before the year 1800
their prisons, the Clink, the Borough Compter, and above all,
the Ilarshalsea, were a disgrace to the county, but about
that time they made some improvement, by building the
county gaol, and from that period they appeared to evince
some little philanthrophy on behalf of their unfortunate
prisoners, In 1820 there was another great change, and
the system of classification. labour, and silence was intro-
duced ; but, although the population had wry much in-
creased, very little had been done in the way of enlarging
their gaols. and they were fast coming to the condition they
were in when described by Howard. The returns from all
the prisons in tl:e county showed what a crowded state they
were in, and, with regard to Guildford, if they had a hun-
dred additional cells, the accommodation would still fall
short. In this prison it appeared. that the unfortunate in-
mates had each only one-eighth of the space that. was consi-
dered to be necessary, and upon one occasion, 32 female pri-
soners were shut up in a room 13 feet square, and 10 feet
. high, each of them having, therefore, only 50 feet of cubic
air, it being well known that 800 feet were necessary for
the preservation of health. In Brixton gaol, also, it was
shown that the smell of the cells was so offensive
that it could not be borne, even at a distance of se-
veral feet. It being admitted that there was this great
want of accommodation, he thought, made nut a strong
prima
.facie case in favpur of some alteration ; and the
question then arose, what system should be adopted? In
his opinion, the system of classification, labour, and silence
had completely failed, and that with regard to classification
it was impossible to make it effectual, and where prisoners
were brought together contamination was sure to result from
it. He was of opinion also that the tread-wheel was a sense-
less and degrading labour, and that. it caused no terror to
the prisoner, and the system of compelling prisoners to be
silent in each others presence was cruel in the extreme.
They shut the unhappy persons together in a room
during a long winter's night, and if they dared to speak
to each other, they were punt:shed. They just placed them
in a position where it was hardly possible for them to avoid
the commission of the offence, and then punished them for
it ; and in one year, at Brixton gaol alone, 4,000 prisoners
were punished for this offence. In one case, two
women were -confined in a dark cell for three days for
this offence, and because they sang and made a
noise while so confided, they were sentenced to four-
teen days' imprisonment in addition to their original sen-
tence. The only way, in his opinion, to prevent these
evils, was to place prisoners in a complete state of isolation
from each other. The Hon. Gentleman then proceeded to
comment upon the evil consequences of prisoners being
allowed to communicate with each other, and said it ap-
peared by the evidence given by some of the officers of the
gaol, that the robbery at Chipstead, for which a man named
Harley was hanged, was actually concocted by that person
and another man named Bedser, in Horsemonger-lane Gaol.
He concluded by moving that a committee be appointed to
take the matter into consideration, and to obtain the neeese
sary plans. See., for the erection of a new prison or prisons, in!
some convenient part of the county, with a view to the con-'
solidation of the whole, or most of the present prisons into,
one or more establishments.

LAW Li TE LLIGEN CE.
COURT OF co,vrmorv,PLEAS. June 30

(Sittings after Term at Nisi Prius, in London, before Mr.
Justice ERLE and Common Juries.)
BAKER AND ANOTHER D. PLASKETT.

In this case Mr. Sergeant Byles anci Mr. Unthanko ap-
peared for the plaintiff; and Mr. Whitehurst and Mr. Ser-
geant Dowling for the defendant.
The action was brought by the plaintiffs, who are share-
brokers in London, t, recover from the defendant, who is an
attorney residing at Gainsborough, the sum of 1,0651. 12i. 6d.,
being the full value of 550 shares in the East Indian Railway
Company, together with the plaintiffs' commission as a broker
for purchasing the same.
It appeared on the part of the plaintiffs, that, in December,
1845, the defendant employed a person named Stark to pur-
chase for him from 500 to 750 East India Railway shares,
which Stark undertook to do, and to deliver on the 30th or
the 31st of December, 1845, to be settled for on the 15th of
January, 1846, and Stark purchased 550 shares in pursuance
of this arrangement from the plait-riffs; and the plaintiffs,
on learning that the defendant was Stark's principal, wrote
to him in March for payment. The defendant, however.
denied that he ever gave Stark authority to pay for the
shares, or that he had constituted him his agent to that ex-
tent, but only that as a broker he was to buy the shares for
him.
For the deferdant it was contended that Stark was in-
debted to the defendant in a large sum for some Preston and
Wyre shares, and that in liquidation of his claim he was to
obtain for the defendant these East India Railway shares;
and that he was employed merely as a broker. It was, also
contended that the company came into existence before the
Ist of November, 1844, at which date the Joint-stock Com-
panies Act came into operation, and that the shares could
not, therefore, be legally sold.
His LORDSHIP left it to the jury to determine whether
the contract declared upon was proved by the evidence and
whether the company was established before the let of No-
vember, 1844. It so, they would find for the plaintiffs.
Thejury found a verdict for the plaintiffs—Damages 1,0007.,
the valhe of the shares; and 31/. sa. brokerage.

_ .
Mr. BEST seconded the motion.
A long discussion ensued, in which Mr. Briscoe. Mr. Trotter,
Mr. Denison, Mr. Freshfield, Mr. Kemble, and Colones: Chal-
loner took a part. The latter gentleman eventually moved
an amendment, to the effect that it was not advisable to incur
so heavy an expense as the motion involved, until the Court
were in possession of more information upon the subject; and
upon a division the amendment was declared to be carried,,
and the original motion was, therefore, lost.

SECONDARIES' COURT, July 1.
(Before Mr. Secohdary POTTER.)
WUNDOCK V. WALLIS.

POLICE INTELLIGENCE.
BOW-STIcEET.
A youth named Robert Bartlett, who had been nine
years in the service of Mr. Ackermann, the printsellerf
of the Strand, as a shopman, was charged with' stealins
a number of prints, albums, &c., the property of his em'
ploy er. _ _

This was an action to recover the sum of 2251., the balance
of a sum due on some shares in the Tower Hamlets Loan
Society, in which the plaintiff was originally a large share-
hulder, and the defendant the secretary.
It was proved in evidence that the defendant had pur-
chased shares of the plaintiff. on an agreement to pay by in-
stalmerits, and that the sum claimed was due.

The defendant having suffered judgment t' go by default,
the jury gave a verdict for the amount claimed.

It appeared that the prisoner had been indulging iD
this system of plunder for some time, and the prase'.
cutor suspected that others were identified with him, 0
the articles which led to the discovery of the fact bad
passed through the hands of other parties before bell
sold to Mr. Williams, another shopkeeper in the Stran,
who, having reason to believe that the property offer el
to him had been obtained by dishonest means, went
ati
conferred with the prosecutor upon the subject.
The prisoner at once dtnitted his guilt, but deniei
that any one else in Mr. Ackermann's employ had bee°
connected with him.
Mr. JAIMINE remanded him for further examination'
MARLBOROUGH-STREET.
Mr. Charles Bindley, Albert-terrace, and Mr. Joshed
Hide, of the same place, were summoned before Mr'
Maltby for an assault on Mr. George Hayward Taylor.
Mr. Taylor said the defendant Bindley was former%
a tenant of his, but had left the house with arrears 0)..
rent unsettled. He. called at Albert-terrace, whe,7
now lived, and 'was'invited by Bindley to 1011).
into the garden, to talk about the business, between their'
After a short and unsatisfactory conversation, he
violently assaulted by Bindley, who seized him by os
hair or the head, and then twisted his cravat s 0
nearly to stranglf, him. ilyde, who was present chitty
this violence, called out, " When you have done n"
him, hand him over t 3 me." Complainant, on ber
released by Bindley, was laid hold of by Hyde, "1,,S
thrust him _several times against the garden wall. B.tis
forced his knees against his stomach. Complainant"
so much injured by the ffl-treatment he had sustained'
that he had been ever since under medical treatment. 0
The complainant said the case, he considered, was I ,0f
serious to be decided under the summary jurisdiction ti)j,
a magistrate, and he hoped, therefore, the charge vv°l2
be sent to the sessions. -
Mr. Hyde said he took no part in the assault on 1%:1(1.;
Taylor. On the contrary, he interfered to part IS.P.
Taylor and Mr. Bindley, who ha hold of each other. a
Mr. Taylor declared positively that he was attacked
as described by Mr. Hyde,
Mr. Hyde then earnestly entreated the Court not to
send the case to the sessions; but to hear the evidence'
in order to give bun an apportunity of calling witnesses:,
Mr. TaylOr appeared undecided whether to go 0
with the case against Hyde, or press' for a remand to th
sessions,

POTTINGER V. DE TROVDIR,

This was an action to recover the sum of W. 10s., for
goods sold.
The plaintiff is a tailor in Eastcheap, and the defendant a
wine merchant in Mark-lane. The defence was that there
had been an agreement on the part of the defendant to take
the amount out in wine. From the evidence it appeared that
a letter had been sent by Mr. Iveson, the defendant's partner,
to the plaintiff, stating that defendant had just come to
England,
,and would be willing to deal if plaintiff took the
amount of the bill out in wine, and that plaintiff subse-
quently said he had received the letter, and would agree to
it. A coat, however, being considered a misfit, it was re-
turned, and a dispute arose. The garment was returned,
and plaintiff refused to take any wine. Defendant not holm,:
able to speak English, Mr. Iveson wrote to .Fly that the ac-
count should be discharged if the coat was taken back, and
in another letter that the account should be Paid; but it
was contended that it there had once been an agreement for
barter, that it must be more distinctly alteied by the parties
before an action could be brought for goods sold, and that
the plaintiff's remedy was to recover the wine, which the de-
fendant was willing to deliver.
The SECONDARY acquiesced in this view of the case, aml
left it to the jury to say whether the letters were in-
tended to do that, or whether the object was to settle the
matter under the agreement.

„
The jury, having retired for some time, gave a verdict for
the defendant.

COURT OF BANKRUPrey July 1.
(Befare Mr. Commissioner GOULBURN).
IN RE lIARIA)W.
In the case of this bankrupt, who had formerly carried on
business in Leicester-square, as a tobaconist,
Mr. Horwoon, a solicitor, applied to the Learned Com-
missioner to appoint a day for a private meeting for the ex-
amination of witnesses under this est.de. The application
was made by the assignees, and on the application of the
creditors, one of whom, however, resided at Vienna.
The Learned COMMISSIONER, after considering the Act of
Parliament, was of opinion that he could not grant the appli
cation, which must be made by persons who were willing to
enter into an undertaking to pay such costs as :he Commis-
sioner might think fit, and a foreign crelitor. residing abroad,
,was not in a position to enter into such an undertaking.
Mr. Horwoon said he would, probably renew the appli?a-
tion on beh.lf of other creditors.

SURRE V SESSIONS.

Mr. MALTBY said he would give the complainant
few days longer, that he might make up his mind whf;
course h.-. would adept.
Mr. Stephens, pawnbroker, Wardour-street, was suni;
moiled by an individual named M•Kelland, for taking
farthing more than legal interest.
The ease was proved by a person named Johnstone;,
Mr. Humphries, who attended for the defence, said th
present was the first in which his client had been sal:0
moved to a police-court, after having been twenty-II
years in busin,ss.

The General Quarter Sessions fur the county of Surrey
commenced on Tuesday at the Court-house, Guildford, and as
there was some important business to be disposed of, there
was an unusually.lorge attendance of magistrates. There
were present G. T. Nicholson, Esq., chairman; Lord Love-
lace, Viscount Crawley, Lord Lovain, W. J. Dee ison_t Esq.,
M.P., J. Trotter, Esti., M.P., H. Kemble, Esq., M.P., E. An
trobus, Esq., M.P., Sir R. Frederick, Colonel Chtlloner,
I. T. 13riscoe, E,q., C. Barclay, Esq , A. K. Barclay, Esq.,
R. C. Aus'in, Esq.. W. J. Freshfield, Esq., T. Puckle, Esq..
S. H. Lucas, Esq., and a number of other magistrates.
The Governors of the different gaols in the county made
their usual reports. It appeared that their respective
establi&.ments were generally healthy, but that they were
very full of prisoners; and in Guildford gaol in particular
there were at the pre•-eot time a hundred more prisoners con-
tined within it than it was intended originally
to contain.
Upon the application of Mr. S the county
nwiplecei
treasurer, the C urt made an order for a county rate of 2d.
in the pound, to be levied within six weeks.
ENLARGE.IVOZNT OP THE COUNTY LUNATIO ASYLUM.
The Committee of Visiting Justices appointed to this es-
tablishment made a special report, recommending that the
present building should be enlarged, so as to enable it to
contain 400 ad,litional patients. It at present was calcu-
lated for CO, but the committee having ascertained that
then, were nearly 300 more lunatic or imbecile paupers con-
fined in different workhouses and In private establishments,
they recommended that provision should be made in the
county establishment for their reception' and with this
view they had ordered the county surveyor to make the ne-
cessary estimates and plans, and it was calculated that the
whole cost of the additional buildings, furniture, &c., to ac-
commodate the additional 400 ,patients, would not exceed
35,0001. they concluded by recommending that the Court
should sanction their proposal, and take the necessary steps
to have the alterations carried into effect. ,
Memorials were read from the guardians of the poor of
Lambeth and Newingtcn, in favour of the enlargement of
the building, and from the guardians of Guildford, Chertsev,
Epsom, and the Hembledon union against it. The grounds
upon which the latter parishes opposed the enlargement of
the building were, that the connt.y had already incurred a
very large expense (nearlyhiat
they 9 0
0,0 oclo,/.ldreienta hehte erectioncounty a
ofou the a t
present building, and t
not to be burdened with an additional charge.
Mr. KEMBLE proposed the adoption of the report, which
be said was agreed to by every one
,Out the visiting justices,wh() he
ml, ur. Briscoe,
with the exception of their chairttl:tn,
regretted to say did not concur with them. He considered
that by agreeing to this report they were merely carrying
out their original object, of properly providing for that
most helpless and afflicted class of the community, the pauper
lunatics, and he begged to remind the Court that the Act
of Parliament rendered it imperative upon them to provide
sufficient accommodation for them, and that if they failed
to do so, the Secretary of State had the power to interfere
and compel them. At present a great number of these
unhappy, persons were dispersed about the county ; and he
thought it would be obvious to all that it would be much
better to have them under one roof, where they would be
likely to have proper attention and care, and undergo such
treatment as would he likely to restore them to health.
With regard to the expense, he begged to remind the Court
that they had the power by the Act of Parliament to bor-
row the money, awl extend the „punt for a period of
thirty years, so that the amount to he repaid oaekyear would
be very trifling. He cenehAdrd by moving the adoption of
the report,
Alr. A. I. IMROLAY seconded the motion, . ,
Celinel elett.emeErt opposed the metion, and said that
when the erection of the original io, Kling Iva; Ir,:pos-11 k•
Mr. Briscoe, a great many of the m....., r .0 . ~ ..,.
support. upon the understanding tlia U:,' '":%to!1,.:. ,,,,,
to be chiefly tre,ted as one for the ciii.?.of the ma , 1 , :o .1
not for C!ti contional reeeptinn And housing of hop le-s
cases, which now seemed, to he the object sought to be i,e- . .
tained. He was tai epinlon that a great many of the cases NEL.
On the 17th ult , at the baths of Schinznach, Switzerland, Geolif
in the iie-euin might very properly have
charge of the different workhouse& Mathew, Esq., aged 86.
.cottf
Mr. Morrell said, thM 'We the Act. Twaained under the
On the 21st ult., at Stratford, Essex, Alicia, widow of
had no right to tithe erieh el use of theoNfvoPtfhliiianisnee, On
Au)
~ aged 51.C0,"
Of
n tan theydit
On the 26th ult., Miss Cox, daughter of the late Mrs. Co,"
they did ila' agree to the proposed alteration, he was afraid Sloane-street.
OP
1,4 seeietary of State would compel them. On the 26th ult., at Belmont, Torquay, IL Legh Thomas
Mr. C. BASCLAY supported the notion, and said he hoped P.n.s., aged 78.
On the 27th nit., in Weymouth-street, Catherine, only dongbter
to see the rem— ierul”tion of the Vi--erg Justices carried
o'',. .e„ .„ 4111
of the late Rev. W. Gregory, aged 54.
k INfior
into &Teat.
.
Oa the 27th ult,, Mts. ILufeury Leigh, of Pontypool-par-,
moutlishire.
Jose
141.' AYSWIN. epcieed the motion 'and he observed that ha
1.V:113.. 91011111‘r of one of the Boards of Guardians that had Oa the 27th ult., In Upper Phlillmore-place, Kensington. t
eeereoriallsed the Court against the propoaed enlargement, England, Esq., aged SG.
expended, for such a daughter of 2
and he considerecrthe large sum of ae,ooo/. ought not to be On The
Chal!ilio? inimrpo.-4e. He agreed with Colonel Eagles.
EBtdhwaurdlt., in Worship -square, Emily Catharine, °Riell
~...t..,er.-.-.."4
11$'
t!a opinion that many of the cases that were
130.1. Y 44 f 0 06 asylum might be properly traaied in the T.4lreten: Printed and Pub!lsherl by VIJRDO YOUNG, of i(o. ei
~„.010_,
Workhouses, and this would be done et mach less expense. Strand, Printer, at The Sea Office, N 0.112, Strand, in the
_fl.:--,1,07
The present building bad. already cost A very large sum, and of the Savoy, ,tin the County of Middlesex, puttlida 2, MG.

A second summons, for taking a penny more tlOO
legal interest, was gone into and proved, on the same 1'
timony as the preceding case.
cl Mr. MALTBY inflicted the mitigated fine of 40s. 0n
-
costs in each ease

MoF•srs. Perry and Lance, pawnbrokers., ComPt°o
street,- were summoned for taking five farthings In°r
than legal interest on a pledge.
Johnstone was the witness in this ca,:e.
Mr. Humphries said his answer to the case was, t
less instead of more than legal interest was taken. ej
A shopman, named Wadis,.swore that he only receiYro
fourpence interest, and nut sixpence farthing, as svg'r
to by the approver Johnstone. The interest was Olt.
pence farthing, but witness usually relinqukLed
farthing if he hal not a farthing in change.
The ticket, in a mutilated form, was produced.
.•
Mr. MALTBY rejected the evidence of the ticket,
10 '
tf
very doubtful form, and inflicted a fine of 3/. and costs'

'ARKET NEWS.—(YESTERDAY.)
COEN EXCHAR7StE.
The supply of English Wheat on sale was by no Ines/11
large, but more than equal to meet the wants of the deaf'/
All descriptions met a very inactive demand, and Mond at.
depressed rates were with difficulty supported. Nearly tro
whole of the Wheats having been taken out of bond, t'
Foreign Wheat trade ruled heavy, at barely late Ott
Barley was a dull sale, and ls. per quarter lower. In Difu
very little was doing, at late rates. Oats, the supply ni
which was large, moved off heavily, and, in some instant:i.
lower figures were submitted to. Beans, Peas, and Fl°"
heavy,,at barely late currencies.

ARRIVALS.

English .. • •
Irish ........
Foreign ......

Wheat.
2,450 qrs.

Barley.
100 qrs.

Oats 1 Flour';.
80 qrs. 790 s
8,590
2,450 I

7,690

1,520
Malt, 1,606 gra:
VI7HI'rECIIII.OEX. II
Prime Beef and Mutton commanded a steady sale at t 0,,,
prices. In all other kinds of Meat next to nothing w'-ot
doing.—Beef from 2s 4d to 3s 6d ; Mutton, 2s lod
4s ; Lamb, 4s 10d to Gs ; Veal, 3s 4d to 48 4d ; and P°l.
8s 4d to 4s 10d per Blbs by the carcase.

=TIM
On the 25th ult., at 3rount RadeK.l, Exeter, the lady of John Can'.
ming, Esq., of a daughter.
On the 26th ult., at Leominster, the lady of the Rev. J. C...-'
ton, of a daughter.

On the 2iitrtall-.., at Brat-mote Lodge, Netts, the lady of J. Had&s'
Esq., of a son.
On the 27th ult., at Michael's-place, Brompton, the lady of J' D.
llewett, Esq., of a daughter.
re)
On the 27th ult., In Goswell-street, km. James H. WitchU '
prviaturely, of a 80111.
eiti6 Cvn the 27th ult., the laity of J. Wright, Esq., M.D., of Storey's--
St. James's-park, of a daughter

4,1i...R1Eb
O'
On tho.2stli ult., at Sleretiage, Iterts, William Adam Maibeth ,ate
i Marian, youngest daughter of tile .
co:rhrlilEirriogfillit:.)l''''l'i7riltreerlr''a's,t: Esq., of Bigtleiwade, :Ileitis.
.. mis.
On the 17th ult., at i;,l Mark's, Myddeltou-square, Mr. Tn.,
Faie.r Wittenham, of Loniblni-streel, to Franevs Sarah, second
daughter of the late .',' r. Richard Moss, of St. John-street-road•_/ •