The Sun.
London, England, 1848-07-31 00:00:00

LAW INTELLIGENCE.
VIOE•CHAIVCELLOR'S COURT, July 29.
(Before the VICE-CHANCPT.LOR OF ENGLAND.)
BENTLEY V. VICKERS.
Mr. COOPER, in opening this case, said—This is a
cause in which Richard Bentley, the publisher, is plain-
tiff, and George Vickers, defendant; and I am humbly,
instructed to move your Honour for an injunction to re-
strain the defendant from publishing and selling the
numbers of the London Journal, and Weekly Record of
Literature, Science, and Art, for the weeks ending July
15th, July 22d, and August sth, 1848. Mr. Bentley's
affidavit states, that towards the beginning of the present
year, Sir Eglward Bulwer Lytton composed a work
called, " Harold, the last of the Saxon Kings," and that
Mr. Bentley had paid for the copyright a very large sum
of money. That in the month of June Mr. Bentley pub-
lished the work. It also state sthat the defendant is the
publisher of the London Journal. It appears that in
those numbers of the London Journal are contained not
only the usual notice which every publisher would be
glad to sec of his works, but contains all the principal
passages in the original work. I have looked over the
first volume, which contains three hundred pages, of
which one hundred pages, containing the most beau-
tiful passages and scenes are contained in the Journal,
omitting only those parts which are frequently skipped
by novel readers. I, therefore, pray the injunction.
The VICE-CHANCELLOR—The injunction is of COWS()
granted.

ASSIZE INTELLIGENCE.
NORFOLK ClRCUlT.—Norwich, July 28.
NISI PRIUS COURT.—(Before Mr. Baron PARKE.

QUARTER V. BACON.

Mr. Sergeant Byles, Mr. Palmer, and Mr. Wells, were
counsel for the prosecution. Mr. O'Malley and Mr.
Worlledge appeared for the defendant.
This was an action by a gentleman who practises as an
attorney at Aylsham, in this county, against the pro-
prietor of the Norwich Mercury, for the publication of
three several libels in that newspaper. The libels pur-
ported to be comments on the conduct of the plaintiff in a
cause in the County Court of Norfolk, which was ter-
minated by an arrangement between the parties. The
first libel ooharged the plaintiff with having sent to the
Norwich Mercury " a garbled report" of the case in the
County Court; the second libel imputed to him the
having sent the garbled report from dishonourable and
personal motives; and the third, in addition to other
severe remarks, accused the plaintiff of having behaved
in a manner for which he ought to be struck off the roll
of attorney. The libels were justified by the defendant's
plea. The plaintiff, however, went into all the facts of
the manner in which he conducted the case in the
County Court for the purpose of disproving the allega-
tions in the pleas of justification; and, before the case
had been brought to a close,

Mr. Baron PARKE recommended the defendant to
submit to a verdict for 405., and make an ample apology,
if the plaintiff would accept these terms.
Ultimately this suggestion was deferred to, and a ver-
dict was taken for the plaintiff accordingly, with damages
—Forty shillings.
CROWN COURT.—(Before Mr. Justice MAta.E.)
Jones was indicted for having cut and
wounded Sarah, his wife, with intent to murder her, or
to do her some grievous bodily harm.
Mr. Naylor conducted the prosecution. The prisoner
was not defended by counsel. He was found guilty of
the latter count in the indictment, and sentenced to be
transpprted for fifteen years.
July 29.
The cases in the Civil Court were of no public inte-
rest. Those in the Crown Court were for the most part
utterly unfit for publication. It is, however, proper to
mention, that the stupidity of the witnesses and the
brutal character of the crimes deposed to by them were
such as to elicit from Mr. Justice Maule the remark that
the ignorance and bad morals of the lower orders in this
county was astonishing.

HOME ClRCUlT.—Maidstone, July 29.
The business of these assizes has been singularly un-
interesting, and although the number of cases, both in
the Crown Court and at nisi prius, was larger than
usual, very few of them presented any feature of inte-
rest to the public. Mr. Sergeant Dowling assisted Mr.
Justice Coltman on Friday in trying prisoners, and this
will tend materiaily to shorten the business of the
assize.

CIVIL SlDE.—(Before the LORD CHIEF BARON and a
Special Jury.)

MOORE, THE ELDER, AND MOORE, THE YOUNGER, V.

BECKETT AND OTHERS.

These were two actions brought to recover compensa-
tion for an injury sustained in consequence of the alleged
conduct of the servants of the defendants, who are pro-
prietors of the Satellite, Gravesend steam-boat ; but as
the same point was involved in both, it was arranged
that they should be disposed of by one jury.
It appeared that, on the 13th July, last year, the
younger plaintiff, a lad about sixteen, went on board the
Satellite to proceed to Gravesend. The vessel was very
much crowded, and it seemed that he seated himself
upon the beam of the bowsprit, a place not usually ap-
propriated to passengers, with his back turned towards
the head of the vessel. While the Satellite was round-
ing a point just about Greenhithe, . called Broadness
Point, she came into collision with the Eclipse Margate
steamer, which was coming up to London, and the con-
sequence was that the bowsprit of the Satellite was
forced in, and the boy had his leg broken. The limb
was eventually amputated. The evidence for the defence
was, that the crew of the Eclipse were to. blame in not
having navigated their vessel according to the rules of
the river, and were consequently liable for the injury
sustained. The evidence adduced on both sides was of
a conflicting character.

The jury returned a verdict giving 2001. damages to
the son, for the injury he had sustained, and 90/. to the
father, for the expense he had been put to in conse-
que::ce of the accident.

MIDLAND CIRCUIT, Derby.—July 29.
CIVIL SlDE.—(Before Lord Chief Justice DENMAN
and a Speck! Jury.)

ARNCELEY V. THE LONDON AYD NORTH-WESTERN RAIL-

WAY COMPANY.

This was an action on promises.
Mr. Whitehurst, Q.C., Mr. Humfrey, Q.C., and Mr.
Mellor, appeared as counsel br the plaintiff ; Mr. Ma-
caulay and Mr. Denison condteted the case on behalf of
the company.
Tho plaintiff was the owner of the Hunston Colliery,
which had previously belonged to Mr. Newbold, who had
supplied the company with coke of a superior quality,
which was necessary for railwty use, as the presence of
sulphur was productive of great injury to the machi-
nery. The company had, originally, only a small sup-
ply from the colliery, but had gradually increased
the quantity they ordered, tt last becoming desirous
of seeuring a supply by entering into a contract
for a year ; and eventually, in December, 1846,
they entered into a contract ftr a year with the plaintiff
for the supply of 150 tons a week, at 21s. per ton, for
the. year 1847, to be transported to Rugby at the plain-
tiff's expense, the company supplying the waggons. It
was stipulated that if the company should not take the
150 tons they were to pay by way of forfeit, at and
after the rate of 2s. 6d. for every one of such number of
150 tons a week as they should not take, and there was
a corresponding provision for forfeiture by the plaintiff
for every ICH that should be deficient In the supply, via.,
2s. 6d. This agreement was entered into on the last
day of December, 1846, and was for the year 1847. It
appeared that complaints had been made of the coke
being small; but on the plaintiff's part it was alleged
that this arose from the waggons not being supplied by
the company, and its being in consequence rendered
necessary that there should be additional trans.ship-
ments of the coke, which was liable to crack when shifted
in a damp state. On this subject the plaintiff, in 1847,
wrote to the company, remonstrating respecting the in-
sufficiency of the supply of waggons, on the ground of the
waste, loss, &c., caused by tho trans-shipment so ren-
dered necessary by such deficiency. This letter was im-
portant, as calling attention to the want of waggons very
soon after the contract was made. To it there was an
answer from Mr. Bury the next day. The plaintiff never
would shoot it on the ground if he could help it, but had
frequently waited with bis carts for half a day together
for waggons. The shooting broke it, and in the absence
of waggons it had to be shot twice, once on the ground,
and then again into the waggons; and the shooting on
to the ground injured it mush more than would the
shooting it into the waggons direct from the plaintiffs
carts. On the 29th of January the plaintiff wrote again
to Mr. Bury respecting the deficiency of waggons and
the consequent detention of the coke, reiterating his
former remonstrances, and at the same time stating that
if by the default of the company he should be compelled
to supply a less quantity than contracted for, he should,
in accordance with the agreement, charge in respect of
the quantity deficient.
Various witnesses were then called for the plaintiff.
Mr. MACAULAY, for the defendants, contended thatthere had been in June, 1847, a rescission of the ori-
ginal contract entered into in Dec., 1846, and declared
upon in the first count of the declaration. There was
an annihilation of the old contract by an agreement,
,
but not a creation of a new one, so as to support the
second count of the declaration, because it was ,not in
writing as required by the Statute of Frauds.
Jiis LORDSHIP having summed up,
The jury, after some little deliberation, returned a
verdict for the plaintiff—damages, 1,2461., giving 2s. 6d.
per ton from the date of the termination of the contract
in May, to the end of the year, and 500/. for unliqui-
dated damages, irrespective of and beyond the sum of
951. paid into court. •
This terminated the business of the assizes for this
county, and the Court rose at half-past nine, Mr. Jus-
tice Patteson having disposed of the Crown cases at
about seven.
There Was nothing in the Crown Court calling for
mention in the present crowded state of the journals.

NORTRERN CIRCUIT.—York, July 29.
CROWN COURT.—(Beforo Mr. Justice ERLE.)
SENTENCES ON TILE CHARTIST RIOTERS.
The prisorwri first placed at the bar to receive sen-
tence were John Johnson, Francis Vicory, Henry
Whiecombo, William Sa,zar, William Smith, James
Downs, Isaiah Heaton, William Connor, and William
Winterburn, who were charged with rioting at Horton
and Bradford; Sagar and Johnson to be imprisoned for
two years with hard labour, and the remainder for
eighteen months.
Ambrose Tomlinson, for sedition at North Bierley,
to be imprisoned for eighteen months, but without hard
labour.
Andrew Beanleand, for a riot at Bradford, to be im-
prisoned for eighteen months, with hard labour.
James Ramsden, for drilling at Drighlington, to be im-
prisoned for two years, with hard labour.
Benjamin Plant, Daniel Holroyd, and Thomas Fell,
for drilling at Bradford, Horton, and Manningham, to
he imprisoned for 18 months with hard labour.
William Gil!, John Cockerham, Henry Butterfield,
Ambrose Power, and Roger Bradley, for drilling at

Bradford, Clayton, and Horton, to be imprisoned for 12
months, with hard labour. . .

Joseph Leeming, for drilling at Skircoat, to be im-
prisoned for 12 months, with bard labour.
John Kilvington, Isaac Ickeringill, James Crabtree,
and James Bland, for a riot, &c., were next sentenced:
Ickeringill to be imprisoned for six months, with hard
labour ; Crabtree for two months, but without bard
labour ; Kilvington, one month, and without hard
labour ; and Bland, who had been convicted of neglect
of duty as a special constable, fined 101., and to be im-
prisoned till that fine be paid.

COURT OF COMMON COUNCIL.
On Thursday a Court Was held for the dispatch of
public business.

THE SMOKE NUISANCE.
In answer to a question from Mr EDKINS,
The REMEMBRANCER said that Mr. John Masterman
had taken charge of the Bill in Parliament for the Abo-
lition of Smoke, and would, upon the printing of the Bill,
confer with Lord Redesdale, who had brought it into the
House of Lords, upon the question of facilitating its
progress in the House of Commons.—(Hear.)
Mr. WIRE suggested the propriety of applying to Mr.
Masterman, to propose a clause for the abolition of
smoke on board the steamers. The absence of such a
nuisance would be most desirable to all those who in-
habited the immediate neighbourhood of London-
bridge, as well as to those who passed over the bridge.
THE POOR -LAW.

Mr. R. TAYLOR took occasion, upon the mention of
the progress of Mr. Buller's projected improvement of
the poor-laws, to make a few observations upon what
was reported to have been said in the Court of Aldermen
relative to the West London Union. He was con-
cerned to see it stated in the newspapers that Alderman
Challis had called the West London Union Work-
house a penthouse, and described the treatment of
the poor there as inhuman. Such a remark was calcu-
lated to do much mischief, and inflicted great annoy-
ance upon those who had taken extraordinary pains
to carry out the object of the new poor-law in the most
efficient manner. He had for some time ceased to be a
guardian of the poor, and he knew that while he was in
office there was not the slightest ground for any impu-
tation of the kind. He believed that there was just
as much reason for making such an attack upon the
union at the present moment ; and he could scarcely
think it possible that Alderman Challis, after
what had been a short time ago stated as to
another unfounded accusation against the same
body, would make such a statement. If the report
proved to be a correct representation of a correct opinion
he should certainly consider it to be his duty to call a
meeting upon the subject for the purpose of procuring a
remedy. It was most painful to those who resided in
the district, and took deep' interest in the condition of
the poor, to hear crnstant representations made to the
public against the guardians of the poor, as if they had
no feelings of humanity at all about them.—(Hear.)
Sir PETER LAURIE said he could assure Mr. Taylor,
that the magistrates at the Guildhall Police-court, were
more troubled and annoyed by cases from the West
London Union than from all the metropolitan unions
put together.—(No, no.) Ile would persist in saying.,
that of all the unions with which he had any acquaint-
ance, the West London was decidedly the worst ma-
naged.—(Murmurs.)
Mr. BUCHMASTER (the chairman of the West London
Union) rose to deny, in the most positive terms, that
the West London Union deserved to be called a pest--
house, and to bear testimony to the humanity shown,
upon all occasions, to the poor applicants for shelter
and relief; but
The LORD MAYOR put an end to the conversation by
delaring, that it would be excessively inconvenient to
permit the continuance of such irregularity.
Mr. B. TAYLOR observed, that irregularity necessarily
arose out of the irregularity which had taken place in the
Coact of Aldermen, in which the calumny had originated.
He challenged Alderman Challis to prove the attack upon
the union to have any foundation in fact.
THE COMMERCIAL TRAVELLERS' SCHOOLS.

Upon the motion of Deputy LOTT, the report of th©
Coal, Corn, and Finance Committee, recommending that
the sum of 2501. be granted towards the new building for
the Commercial Travellers' Schools, was taken into con-
sideration. He represented the great advantage derived
by the trading community, from the vigorous exertions
of the travellers, a body consisting of 30,000 individuals,
and argued, that the Corporation of London could not
object to the contribution recommended by the Com-
mittee. _ _

Mr. ANDERTON opposed the motion to agree with the
Committee in their report. He was of opinion that if
these 30,000 social gentlemen would each of them con-
tribute the price of one glass of grog per week to the
charity, they would not be under the necessity of
making such an application. It was absurd to suppose
that the Corporation were bound to assist those who
made no effort to assist themselves, and who ought to
apply for aid to those by whom they were employed.
Mr. WIRE advocated the cause of the travellers. They
were, he said, exposed to all weathers and all hours in
performing their duties, and by aiding such a charity the
Corporation would materially aid the commerce of this
city. It was erroneous to say that the travellers bad
not themselves contributed. They had made great ex-
ertions to add to the funds, and had succeeded to a con-
siderable extent.—(Hear.)
Mr. R. TAYLOR objected to an essential regulation as
to the admission of children. He alluded to the exclu•
sive use of the Church of England and the Assembly's
Catechisms in the schools. It appeared that no other
sects were recognised, and he could not think of encou-
raging by a vote the illiberal views of the managers.
Alderman LAWRENCE said he generally advocated
grants for the building of schools, but he was op-
posed decidedly to the Corporation giving money to
build palaces and call them schools.—(The building
was, it appeared, to cost 15,0001.) He was also op-
posed to the
_grant upon sectarian grounds urged by
Mr. Taylor. He did not doubt the kindly feeling of
many of the supporters of the project, but in a case of the
kind, various inquiries ought to be made before any de-
cision in favour of such appropriation of the funds was
arrived at. The fact was, the Corporation was looked
upon as a good mulch cow, but their money must not be
expended in the erection of a building which was to cost
15,0001., for the accommodation of 500 children.—(Hear,
hear.) The Court ought not to vote one shilling for such
a purpose.
Alderman SALONONS wished that all public establish-
ments should be conducted in such a manner, that all
persons should be admissible, but when he looked to
the complicated charities, all of which came before
that Court, he could not but consider that it would be
encouraging a narrow principle to object to the pre-
sent.—(Hear, hear.) Now he did not consider the
building which they were called upon to subscribe to as
so much a school as an asylum-a to be pointed at as one
of the proud establishments of the country, founded
not by the Government, but by the exuberance of pri-
vate charity.—(Hear, hear.) It appeared to him that
the Court, representing as it did the trade of the City of
London, should be anxious to emulate in assisting those
who are so actively concerned in advancing the interests
of the trade. It the corporation indulgently listened to
their appeal, they expected to be successful in their ap-
plication to the great companies, and would soon be en-
abled to add another to the great establishments which
were so much admired by foreigners as the magnificent
result of private charity.
Deputy HARRISON said he could not go the length to
which the mover went in proposing the large grant of
2501., at the same time that he did not like to send
back the petitioners empty-handed. As the funds of
the Corporation were limited, the Court must
limit its acts of benevolence.—(Hear.) There Were in-
stitutions to which much less had been granted, from
which much greater benefits had been expected. If these
travellers would get in proportion to the amount which
he should move as an amendment, from the other cor-
porations of the kingdom, their object would be soon
fully accomplished. He then moved that the sum of 1001.
be granted instead of 2501.

Mr. KEMP spoke in favour of the original motion, and
contended that the travellers had been indefatigable in
their individual efforts to accomplish their great object.
Mr. BLARE said, before the Court would be justified in
being liberal with its funds, care should be taken that
the benefits of the institution should be secured to those
for whom they were intended. He did not wish to be
parsimonious, but liberality without discretion was not
liberality, but prodigality.—(Hear, hear.) He objected
to the travellers that they had done so little themselves,
especially when a halfpenny or a penny a week would
have accomplished so much. He objected to the vote
upon the sectarian grounds more especially. He op-
posed it altogether.
Mr. PHILLIPS was in favour of the original motion, and
stated that the Commercial Travellers had great fatigues
and hardships to endure, without being rewarded by cor-
responding salaries.
After some further discussion the amendment was car-
ried by a majority of nine, the numbers being 50 for the
amendment, and 41 against it.

ECCLESIASTICAL COURTS.
The report of the general purposes committee, with the
draft of the petition to Parliament praying the abolition
of the ecclesiastical courts, was brought up, and the con-
sideration of it was adjourned.

SUPPLY OF WATER TO THE METROPOLIS.
The report of the committee stated that it was referred
to a deputation to confer with the New River Company,
and to take such other steps to obtain information and
advance the objects in view as they might deem advis •
able. The deputation had, after a diligent investigation,
stated that they had found the supply of water had
lately, and since the reference to the committee was
made, been materially augmented at the instigation of
the Commissioners of Sewers, especially for sanitary
purposes, and for tho use of the poorer classes, and that
they was of opinion the most available, if not the only
method of securing a❑ additional supply of water should
it be deemed requisite, would be by the New River
Company being permitted to take more water from the
River Lea, as suggested by Mr. Wibro, the engineer.
Such a proceeding would of course involve very consi-
derable expense, and most probably lengthened Parlia-
mentary interference and arrangement. The report
concluded by stating that the committee, agreeing with
the deputation, suggested that it did not appear that
there would be any advantage from further pressing the
question at the present period.
The report was agreed to.
ORDNANCE SURVEY OF THE CITY.
Deputy PEACOCK presented the report of the Com-
missioners of Sewers upon the proposed ordnance survey
of the city, and moved that the same be paid for out of
the city's cash, at a cost not exceeding the sum of 4501.
Agreed to.—Adjourned.

BRISTOL SUGAR MARKET, JULY 28.—The demand
has slightly improved, although it. is still very inanimate,
and the absence from the market of the refiners, neces-
sarily has a sensible effect in the quantity disposed of,
as the grocers wants in raw sugars are now very soon
supplied, since the consumption has become so general
of manufactured crushed sugar.—Bristol Mercury.

PRICES OF SHARES.

IN BANKS, ASSURANCE, AND OTHER CON

PANIES' STOCK.
From the Official List,

PUBLISIIED EVERY TIIESDATT AND FRIDAY EVBNING,

LONDON, FRIDAY, JULY 28.
JOINT-ST9CZ SANILS.

Name of Company.

Dividend
per

Annum.

Australasia •• •• .• • •
Britsh N orth American
Ceylon • • • • .. • • • .....
Zlommercial of Loadoa
....
Gloucestershire •• .• • •
lonian ..............
Londn and Westminstr
_ .

51. per cent.
71. per cent.
61. per cent.
51. per cent.
151 per cent.
61. per cent.
61. per cent.

Ditto ...... _
London Joint-Stock
Provi ncia 1 of Ireland
Ditto, New...
National of Ireland
Nat. Provncial of Eng.
Ditto, New
South Australia
Union of Australia
Unioa of London
Union of Madrid

61. per cent.
81. per cent.
8/. per cent.
51. per cent.
61. per cent.
5/. per cent.
5/. per cent.
61. per cent.

.4.moult
of
Share.

....
61. per cent

BEXDG:

A 0. d.
40 0 0
50 0 0
25 0 0
100 0 0
100 0 0

Name of Company.

Dividend
per

Annum.

Charing-cross
Southwrk, Nw Sub. Av.
Ditto Nw of 7% P.C.
Waterloo ............

355. per cent.

raid.

s. d.

Z. F. d.
25 0 0

Price,

632 12 8
50 0 0
100 0 0

Ditto Old Ann. of 81.

Ditto Nw ditto of 71.
Vauxhall .... ... Av.

11. ss. 4d.
11. 2s. 2d.
11. 17s.

70 10 3