The Sun.
London, England, 1846-07-13 00:00:00

THE SUN, LONDON, MON'DAY EVENING; JULY

SOUTH

STAFFORDSHIRE JIJNCTION RAIL-
WAY, WITH BRANCHES.
The report of the Committee upon this Bill wrs con-
sidered, by order, and the Bill was read a third time
arid-passed..

doubt. I can assure my Hononrable Friend that
it is our determination to proceed with the Bill without
delay.—(Hear, hear.) I certainly voted with my Hon.
Friend the Member for Malton as to the instructions
to be given to the Committee, because of the existence
in the minds of many of no great doubt
as to the expediency of the provisions with regard to
the residences of the poor.-,--(Cries of " Hear, hear.")
I would like very much to have a general Committee with
respect to the law of settlement, which was most com-
plicated and difficult—(Cries of " Hear, hear")—and
I do trust the Bill will get all the benefit
of such a Committee. Having said this much, I
have a short statement to make to the House. Her
Majesty's Ministers having very • lately accepted
office, and not having all of them as emblsd in
consequences of the necessity of vacating their seats and
attending on their elections, I do not think it would be
wise to state the particular measures which we
propose to carry out, or in what respect we pro-
pose to alter the Bills at present before the House.—
(Hear, hear.) I will make a statement on Thurs-
day with reference to what period I propose
to bring forward the Sugar Duties Bill. I am
quite uu are of the injury which weukl re-
sult to trade and commerce generally should this
question remain unsettled,: andj 1: will, therefore, when
I fix a day, give notice for a further continuance of the
sugar duties for a short period, as the measures
which I may introduce may meet with very great
opposition. At the 'present moment I have no further
statement to make to the House.

Col. WOOD, who was inaudible in the galkry, owing
to the great confusion which existed in the House. after
the conclusion of the Noble Lord's statement, was
understood to say that in consequence of
the explanation which had been made, he would with -
draw the notices of mot ons which he had upon the

paper.
Mr. WAKL EY expressed his strong approbation of
the 'course about to be pursued by the Noble Lord as
the very best course which could be adopted.
Mr. PAKINGTON expressed himself highly satis-
fied with the course which the Noble Lord proposed to
follow.

15, JUL

extensive grower in that di;trict says, he has not.had
so short a crop of barley for fourteen years. Still,
on the richer and more heavy soils, there are many
fields of very fine barley, of good colour and of
average length in straw, and the late abundant showers
every day make a great improvement in these crops. It
is said that the yield of oats will be deficient this har-
vest. The turnips begin to assume a better appearance,
Even on the light soils they are in a very forward state.
There is a field of turnips at Cawston, sown on the
Northumberland plan. The leaves are spread from one
ridge and lodged upon those of the next ; and about a
dozen persons were last week employed in hoeing them;
but the policy of sowing turnips early, on light soils, is
called in question by practical farmers, who affirm that
the crop is likely to be deteriorated in quality, and more
liable to mildew. Generally speaking, the turnips are
not in so forward a state as at this time last year ; but
the change in the weather has much improved the crop.
The hay harvest may be considered as over, though in
the neighbourhood of Derehain a few fields may be seen
not yet carried.-IVolfolk CAronicle.

THE GREAT INCENDIARY FIRE

AT SOIIAM.

CAMBRIDGE, SUNDAY NIGIIT.—In compliance with a
previous arrangement, the magistrates of Soham, the
Rev. Mr. Bennett and Mr. Dobede, were engaged the
whole of yesterday (Saturday), at the Crown Inn, in in-
vestigating certain charg= s preferred against Mr. Corne-
lius Harvey, a wealthy farmer, and hi; nephew, James
Harvey, as being feloniously concerned in the origin of
the recent great fire in that village. It will be recollected
that the prisoners underwent a brief examination on the
day after the fire, and were remanded to the county gaol
at Cambridge until yesterday, when they were brought
up in custody of Mr. Orridge, the governor.
The elder prisoner's apprehension appeared to have
resulted from a voluntary statement made by him.
Having been noticed by a private watchman a few mi-
nutes before the outbreak walking from the spot where
the flames were first seen to rise (Mr. Pachey's farm), he
was interrogatad on the subject. He admitted being the
individual ; that he had been watching about the neigh-
bourhood the greater part of the night ; that when he
went home he went to bed, but did not pull off his
clothes. The reason he gave why he did so was that
he was fearful something would happen, and on being
further questioned why he wanted that particular spot,
replied that he expected a fire would break out; but gave
no satisfactory account why he entertained such a sup-
position. These and other suspicious circumstances
being reported to the magistrates, his arrest was
ordered; and, in addition to the watchman's statement,
other witnesses spoke positively of having seen him
walking up and down a bye lane at the back of Mr.
Pachey's farm, and every now and then peeping
through the hedge in the direction of the spot where
the fire broke out. It was attempted to be shown
that the prisoner had been watching his own property,
that it had been his practice to be on the watch for se-
veral weeks past ; but on the night in question the wit-
nesses declared that he was watching some distance from
his farm. He was viewing the premises of Messrs. Pa-
chey and Staples. As regards the younger prisoner he
had insured his stock in trade in the Suffolk Fire Insurance
Office for 3501. The fire did not originate on his pre-
mises, but in one of the barns of Mr. Pachey, that stood
within a few feet of his stores or warehouse, which sub-
sequently caught. When broken open by +he inhabi-
tants very trifling property was foundin the place. The
day after the fire he was met by an assistant agent of
the company he was insured in, who, seeing that he had
hurt his hand, asked him how it happened. Ile answered
that it was done during the fire, in attempting to save
his goods. The agent inquired of him if any had been
saved, to which be made answer, "Nothing whatever, that
he had lost twice as many as be was insured ft T." In the
latter part of the day the prisoner made his claim of the
amount of his loss to the agent, upon which he was
given into custody on a charge of attempting to defraud
the company, 'roof having been adduced to show
that he hail, prior to the fire, removed the chief bulk of
his stock, &c., to various parts of the town. With a
view of showing that the prisoners had acted in concert,
it was proved that the elder prisoner had advanced
his nephew 3001. to set him up in business, and
attempts were made to show that the uncle urged its
payment, and had connived to obtain the amount of in-
surance on the nephew's goods, but a witness swore po-
sitively that the sum was given as a gift, to start the
nephew in business. Another one was called who had
acted to value the salvage of the nephew's property, and
in the course of his surveys the prisoner begged that he
would do all he could for t;iw, for it he could not get the
money for his insurance, he could not pay his uncle the
3001. he had lent him. The nephew lived in the uncle's
house. But it did not appear in evidence that he was
was seen in the neighbourhood at its outbreak, although
on the alarm being raised he was immediately on the spot
dressed.

At the cicse of the evidence the magistrates retired to
a private room, and, after nearly an hour's comultation,
returned, when the chairman, addressing the prisoners,
said, they considered the evidence fully warranted them
in committing them both to take their trial at the
ensuing assizes.

THE WEATHER—YEARS WHICH
WEitE EXTREMELY HUT AND DRY.
In 763, the summer was so hot that the springs
dried up.
In 870, the heat was so intense, that near Worms the
reapers dropped dead in the fields.
In 903, and again in 924, it was so hot that the corn
and fruit were burnt up.
The year 1000 was so hot and dry that in Germany
the pools of water di,appeared, and the fish, being left
to stink in the mud, bred a pe.-tilence.
In 1122 the beat was so excessive, that both men and
cattle were struck dead.
In 1130 the earth yawned with drought. Springs
and rivers disappeared, and even the Rhine was dried up
in Alsace.
In 1159 not a drop of rain fell in Italy after May.
The year 1171 was extremely hot in Germany.
1n.1232, The heat was so great, especially in Germany
that it is said that eggs were roasted in the sands.
In 1260 many of the Hungarian soldiers died of ex•
cessive heat at the famous battle fought near Bela.
The consecutive years 1276 and 1277 were so hot and
dry as to occasion a great scarcity of fodder.
The years 1293 and 1294 were extremely hot; and so
were likewise 1303 and 1304, both the Rhine and the
Danube having dried up.
In 1333 the corn-fields and vineyards were burnt up.
- The year 1393 and 1394 were excessively hot and dry.
In 1447 the summer was extremely hot.
In the successive years 1473 and 1474, the whole earth
seemed on fire. In Hungary one might wade across the
Danube.
The four consecutive years, 1538, 1539, 1540, and
1541, were excessiv,ly hot, and the rivers dried up.
In 1556 the drought was so great that the springs
failed. In England wheat rose from Bs. to 535. per
quarter.
The years 1615 and 1616 were very dry over Europe.
In 1646 it was extremely hot.
In 1652 the warmth was very great, the summer being
the dry est ever known in Scotland; yet a total eclipse or
the sun fad happened that year, on Monday, the 24th of
March, which hence received the appellation of " Mirk
Monday."
The summer of 1670 was remarkably hot. It is re.
lated that one of the minions of tyranny, who in that
calamitous p,,Tiod harassed the poor Presbyterians in
Scotland with captious questions, having asked a shep-
herd in Fife whether the killing of the notorious Sharp,
Archbishop of St. Andrews (which bad happened in
May), was murder, he replied, that he could not tell, but
there had been fine heather ever since.
The first year of the eighteenth century was exces-
sively warm, and the two following years were of the
same description.
It is a singular coincidence, that in 1718, the weather
was extremely hot and dry all over Europe. The air
felt so oppressive that all the theatres were shut in
Paris. Scarcely any rain fell for the space of nine
months, and the springs and rivers dried up. The fol-
lowing year was equally hot. The thermometer, at
Paris, rose to 98 degrees by Fahrenheit's scale. The
grass and corn were quite parched. In some places the
fruit trees blossomed two or three times.
Both the years 1723 and 1724 were dry and hot.
The year 1745 was remarkably warm and dry, but
the following year was still hotter, insomuch that the
grass withered, and the leaves dropped from the trees.
Neither rain nor dew fell for many months; and, on the
Continent, prayers were offered up in the churches to
implore the bounty of refreshing showers.
In 1754 it was likewise extremely warm.
The years 1760 and 1761 were both of them remark-
ably hot; and so was the year 1763.
1774 was excessively hot and dry.
Both the years 1778 and 1779 were warm and very dry.
The year 1788 was also very hot and dry; and of the
same character was 1811, famous for its excellent vin.
tage, and distinguished by the appearance of a brillian
comet.

POST-OFFICE NOTICE. DEPARTURE OF THE FO-
REIGN Matt.s.— On Saturday the following notice was
issued, affixed to the General Post•otfice, St. Martin's-le-
Grand:—Gibraltar, Malta, the Mediterranean, Greece, the
lonian Isles, Egypt, Ceylon, India, and-China, via South-
ampton, on the 20th instant The Overland (closed) Mail,
via Marseilles, for the -,editerranean, India, and China,
will be dispatched hence on the evening of the 24th instant.
The Peninsular Mail, for Madeira, Lisbon, Vigo, Oporto,
Portugal, Cadiz, Corunna, Madrid, Spain, and Gibraltar, on
the morning of the 17th instant; next mail due by the
Queen on the 16th instant. The West Indies—The Royal
Mail steamer Thames, with the mails of the 17th instant,
for the British and foreign colonies in the West Indies
(except Honduras and Havarmah), Madeira, Venezuela,
Bermuda, New Grenada, San Juan de Nicaragua; next
mail due from West Indies on the 22d instant, from
Venezuela, &c., on the 7th of August. North America—
The Hibernia, with the mail cf the morning of the 18th
instant for British North America, Bermuda, and the
United States; the next mail due by the Caledonia on
the 15th instant. Sydney and New South Wales, South
Australia, and New Zealand—The next mail on the evening
of the 31st instant. Madeira, Brazil, and Buenos Ayres—
The next mail dispatched 4th of August ; the next mail due
by the Express, August 28 (from August to January, in-
cusive, the packet touches at Bahia and Pernambuco, on her
outward passage to Rio Janeiro, the remaining six months
on her homeward). Holland—Next mail on the 15th inst.
Hamburgh—Next mail on the 14th instant. Rotterdam—A
ship letter bag made up and dispatched by the Batavier on
the 18th instant.

An atrocious attempt was made one night last week
to overthrow the train on the Bishop Auckland and Wear-
dale Railway between Bitchburn and Crook. Some villains
had propped back the switches, which sent the engine off
the line; but fortunately that was the extent of the accidont,
—DurA we Adverther.
The Avenger steamer, Captain W. Williams, arrived
(01 Thimi(lay I,st at l'ort•imouth, from Cork, to fit for the re-
ceptio,i of his Highness Ibrahim Pacha and suite, who, it is
understood, are to be conveyed to Alexandria in that vessel.
She will go in harbour to have extra cabins erected, and is
ordered to get ready next week,

LAW INTELLIGEN CE.
VICE CHANCERY COURT, July 11.

COLUMBINE V. CHICHESTER.
The arguments were this day concluded, and his
Honour, in giving judgment, said that on the substance
of the case he thought the plaintiff had stated sufficient
to support his bill. Some observations had been made
for the purpose of disparaging the character of Mr. Co-
lumbine, but he could not see that there was anything
to impeach his conduct. The bill stated that the plaintiff
had made many inquiries, and used great exertions in
procuring information, and in transacting the correspon-
dence requisite for the formation of a company to con-
struct a railway from London to Exeter direct. He had
then entered into negotiations with several gentlemen,
who became provisional din ctors of the railway. These
gentlemen, wishing afterwards to have the entire ma-
nagement and control of the affairs of the company, had
entered into an agreement with the plaintiff, who was
to give up all the information he had obtained, and was
to receive 1,500 shares, upon which the deposit was to
be considered as paid. Subsequently, at a meeting of
the shareholders, this agreement was varied to the
extent that Mr. Columbine was to receive only 1,000
shares, and 8121. 10s. in cash. The agreement was per-
fectly fair, and the only way of disputing it would be to
say that the sum was too much ; but the very people
who were to judge of the matter agreed that such should
he the payment. This agre( ment was afterwards
signet:thy Sir J. Chichester, the chairman of the meeting
at which the subject was discussed, but it was not de-
livered to the plaintiff. The plaintiff, however, per-
formed his part of the agreement by giving up all the
information he possessed respecting the railway. His
Honour could see no reason why such an agreement
should not be performed. One of the objections raised
was that the bill asked for shares which the directors
had no power to give, since they had been already al-
lotted. He could see no reason for this difficulty, as the
only statement was that the shares might have been
allotted. He could not, therefore, assume that the
directors had no further shares to allot. It had been
argued that the committee could riot allot shares with-
out receiving a deposit, but he could not understand that
there was anything in that objection, fur where there
was a creditor of the company it came to the same thing
whether that creditor took money or shares. He
thought, upon the substance of the case, the plaintiff was
right, and he should, therefore, overrule the demurrer
to the bill.

FRODSHAM v. WATKINS.

Mr. SHEPPEARE al plied for au injunction to restrain
the defendant, who is a watchmaker, from making or
selling watches with the name of Arnold upon them.
It appeared that the plaintiff had purchased the watch-
making business from the executors of Mr. Arnold, and
had continued to use his name. The defendant had
lately been making watches, and stamping the plates
with this name.

The VICE•CIIANCELLOR considered it was an infringe
Inuit of the plaintitl's trade mark, and he should, there,
fore, grant the injunction.

RAILWAY DEPOSITS.

The following &posits were ordered to be paid ou
of Court, to the under-mentioned railway companies:-
32,5001, to the Exeter and Great Western Branch, re
jetted ; 18,9741. to the Bristol and South Wales June•
tion, passed ; and 10,449/. to the Dover and Deal Rai'
way, passed.

(Before Sir K. BRUCE.)
ATTORNEY-GENERAL V. PEARSON.

His Honour delivered judgment in this case, which
had been previously argued. It was an information
filed at the relation of two persons named Jos. J. Rae
and Richard Thain, against certa'n persons forming
part of a public body of officers acting as trustees under
the Acts of Parliament for regulating the affairs of the
parish of St. Mary, Islington, complaining that a sum
of 4001. had been wrongfully applied by the defendants
as trustees under the Act, and praying that they might
be decreed to repay the same. It appeared that about
three years age, a person named Eliot, resident at
Islington, being considered by the trustees as a dan-
gerous lunatic, had been forcibly carried to the work
house by order of the defendant, and there confined
in a strait waistcoat. He was afterwards discharged,
and thereupon brought actions against the parties who
had been concerned in his removal. Actions were
brought against Allen, Tyas, and Western, in respect
of the personal aggression, and against Hicks, the re-
lieving officer; Ellis, the master of the workhouse; Simple,
(he parish surgeon ; and Beavan, another officer of the
parish. Another action was also brow, ht against Older-
shaw, the clerk of the trustees, and another person acting
under him, in respect of the removal of his goods. In
the former of these actions Eliot recovered 4001. damages,
and in both actions he recovered costs. The damages
and costs had been paid by the defendants out of the
poor-rates, and the question was whether this was a legal
payment. His honour, after going through the facts of
the case at great length, said, for the purpose of deciding
this question, he must look at the particular evidence
now adduced with respect to Eliot. First came the in-
terval between the 26th of November, 1842, and his
being brought to' the workhouse ; secondly, his stay
in the workhouse ; and thirdly, his transit to the Court
of the police magistrate, and the proceedings which took
place there. As to Eliot's apparent state of mind, his
Honour had carefully considered the evidence, and he
was satisfied, from his language and conduct before and
on the 28th of November, 1842, and on firmer occasions,
and in the interval between that day and the time of his
liberation at the police court, that he was in a state of insa-
nity, likely, if unwatched and unrestrained, to do some
mischief, and quite unfit, both on his own account, and for
the sake of others, to be left to himself. Another point
was as to his means at the time. On that subject he
was convinced, from the situation he was in, and the
circumstances which happened at the time of his recep-
tion into the workhouse, he was in such a state of po-
verty and destitution as would render him liable to re-
ceive parish relief, and that the order for his admission
' into the house was both reasonable and unavoidable,
and he believed it was issued without any unlawful or
improper intention. On the contrary, he thought the
granting of it was praiseworthy and commendable. He
-should now consider particularly the first period of time
he had mentioned. In that respect he was satisfied that
neither the trustees nor Mr. Oldershaw, Mr. Sim, or
Mr. Hicks directed or authorised the placing of Eliot
under restraint, for the purpose of removing him to the
workhouse ; nor did he think he was bound judicially to
believe that Ellis had any participation in that act. If
this view were correct, might it not be said that if Eliot
had not been admitted, the trustees or the other per-
sons he had mentioned, might have been properly sued
by Eliot for not admitting him ? He should say, yes ;
and he thought it was quite proper to have received him
into the house. Then as to his stay in the workhouse.
He did not think that he had been treated with either
inhumanity or neglect. Whether the continuance of the
restraint was strictly justifiable in point of law was a
question he had not fully determined upon, but he
thought all the proceedings were taken from the most
proper motives. From all the circumstances of this
case he much doubted whether the action of Eliot and
Allen ought ever to have been brought, and he consi-
dered the damages given by the jury were prodigious.
His Honour thought the resolution of the board of trus-
.

tees, by which tiiey authorised a defence to the action,
was reasonable and just. Another resolution of the
board authorises the payment of the costs and damages
out of the parish razes. The object of this in-
formation being to compel the defendants to re-
fund the sums which had been paid out of the parish
rates, the question was, whether the Court ought to en-
force that claim. Before the information was filed two
vestry meetings were held, but at neither of these were
the rates repeated out of which the costs and expenses
had been paid. His Honour thought, under the general
law applicable to rates and overseers' accounts, it was
quite right to provide for these expences. It was evident
that Oldershaw acted as the officer of the trustees ; they
had many public duties to perform, out of which ques-
tions might frequently arise ; numbers of persons were
placed under their care, and it bad happened that one was
afflictei with insanity—a complair_t from which neither

the rich nor poor were exempt. The authority to be
used in such cases was very hazardous ; but how were
the trustees to act 7 If steps were not immediately
taken some fatal extravagance , might be com-
mitted. The duty to be performed on such
occasions ought not to be considered slighi. It was
contended that relief must be granted against the de-
fendants upon the authority of the case of Attorney-
General v. Compton, decided by himself. lie thought
however, that that case did not in any manner rule
or govern this. The facts of the two cases were mate-

rially different. He thought this information ought to
be dismissed. He should dismiss it because he con-
sidered the acts complained of were acts of trustees of
the parish of Islington, and done without any wrong in-
tention, either on the part of themselves or their agents.
For his own part he firmly believed that they had all
acted justly in the execution of their duty, and with
judgment, diligence, and honesty. As to costs, he should
dismiss the information with them, unless there was an
intention to appeal ; if there was (and he should neither
countenance nor discountenance an appeal), then he
thought it would be right to dismiss it without costs, un-
til such appeal were decided ; whatever might be the
fate of the information on appeal, he trusted that means
would be found in this opulent parish to cover' the ex-
penses of the suit. It was subsequently elected that the
appeal should be dismissed without Costs.

INSOLVENT DEBTORS' COURT, July 11.
Mary Morris, an old woman, was opposed by Mr.
Cooke for Miss Alice Phillips. She was undefencied by
counsel.
The complaint was, that the insolvent was indebted to
Miss Phillips, the owner of a board and lodging-house
in Foley-place, for damages recovered in an action for
libel. The action was tried in February, 1844, from
which period until October last, the insolvent had been
residing in France, to elude the execution at the suit of
the plaintiff in the action.
The CIIIEF COMMISSIONER, in pronouncing jtadgment,
said the damages were considerable, The libel was a
serious one, and he was empowered by the Act to delay
the discharge for a period of two years. The insolvent
had been in prison since October last, but the vesting
order, from which the judgment would proceed, was
made in May last. The judgment of the Court was,
that the insolvent should be discharged when she had
been in prison for a period of seven calendar months
from the vesting order, for the damage.* awarded in an
action of libel. The Learned Commissioner intimated
that the effect of the judgment would be to keep the iu.
solvent some months in prison, which, with, t 4 itn,
prisonment she had already uncl!,rgoni,l old make a
period of fifteen months, at Op §,tait Cq the complaining
pa:ty.

4raong the pensions gninted by Sir liaert Peel Wore
retiring from office, were 1001. a-year to IV. lioruard Barton,
the Quaker poet ; 501. each to qe,-eti sisters of the late
Major-General M‘GaFlr-el; ; wall a pc.:l,con of the like amount
to the daughter ef lirigatiler-Geu‘rai Taylor, killed in th?,
iate War in India.—Observer.
Lord John Russell has appolptpd the
Hon. George Keppel, the 59;1 the 11:arl of Albemarle, to be
me of 144 prwato -secretariee.— 06347ver.