The Sun.
London, England, 1846-11-09 00:00:00

THE
_SUN., LONrnON, MONDAY EVEN 1 NG, NOVEMBER 9, 1846.

for cofirmation and consequential directions with regard
to a sum of money in Court. It appeared that this case
had been reterred to the Master to make inquiries, and
he accordingly had made a report, till, puport of which
was that application was warranted, but that a smaller
sum than that mentioned in the bill of the petitioner
should be allocated to his use.
His HONOUa ordered the matter to stand over till to-
morrow, when it might be mentioned.

LEIGH V. EARL BALCARRAS.

This was a petition praying for certain directions in
reference to trustees, to compel them to carry out the
intentions of a testator. The plaintiff was present tenant
for life on the property of the testator, and there were
two defendants, viz., the Earl of Balcarras and a Mr.
Gaskell, who were the trustees of the estate of Sir R.
Leigh, the testator. Miss Loveday Cook was entitled
to the estate of Sir R. Leigh by his will, which, after
granting certain legacies, &c., gave his personal estate,
chattels, &c., to the aforesaid parties, to be kept in trust
for Miss Cook, and after her demise to be appropriated
to the purposes of other parties afterwards mentioned in
the will.

His HoNouß, having heard the arguments on both
sides, said that he would reserve his judgment.
The new Lord Mayor made the customary visit to this
court, and invited his Honour to dinner to-day at
Guildhall.

QUEEN'S BENCH.-(THIS DAY.)

(Sittings in Banco.)

THE SOUTH-WESTERN RAILWAY COMPANY AND MESSRS

COWARD.

Mr. MARTIN, Q.C., applied to the Court for a rule
calling upon the South-Western Company to issue a
warrant, for the purpose of assessing the amount of
compensation to which Messrs. Coward, the extensive
starch manufacturers, of Lambeth, are entitled, on ac-
count of the injury which will be caused to their pre-
mises by the extension of the line to Waterloo-bridge.
He made the application under the Lands Clauses Con-
solidation Act, c. 65. The private Act of the company
gave them power to take the whole of the premises of
Messrs. Coward, in Princes-street, Lambeth, where
they have carried on business for upwards of 60 years ;
and accordingly on the 14th of May last, they gave
them notice that they would require only a portion
of their prcperty, but that, portion was in the very
centre of their factory, and if taken would entirely
destroy their works. They stated this to the company,
and expressed their willingness to sell the whole of their
property to them, in conformity with the Bth and 9th
Vic., clause 92, cap. 18, which was to the effect, that a
railway company should give compensation for the whole
of a persons property, if it could be proved that taking
,a part would render the remainder valueless. The com-
pany had stated in reply to the applications of Messrs.
Coward, that their demand was too large, and that they
could not accede to it. The Learned Counsel cited the
cases of King v. the Hungerford-market Company, 4th
" Barnewall and Adolphus," p. 327, and Stone v. the
Commercial Railway Company, which was tried in this
Court, in support of his application.—Rule granted.

CONSPIRACY.-THE QUEEN V. GOJHBERTZ AND OTHERS.

This was an indictment at the instance of Captain Rose
against Gombertz and three persons of the name
of Witham for conspiracy. The conspiracy con-
sisted in obtaining bills from Captain Rose for a large
amount, for which he was to receive wine warrants and
other valuable documents as security. Although the
bills were obtained, the securities were not forthcoming,
and hence the indictment, and Gombertz and one of the
Withams (Robert) were found guilty. An application
was subsequently made to this Court for a rule to show
cause why a new trial should not be had, and also to
arrest judgment in the meantime, to which the Court
acceded.

The case to-day was called on for argument.
Mr. CocanuaN showed cause against the rule, and
why the judgment of the Court below should not be
further arrested, but at once pronounced. He said one
of the grounds on which the rule was obtained was, be-
cause the third and fourth counts did not specify to
whom the bills belonged, which he held was untenable,
inasmuch as the indictment contained a number of
counts, each varying the offence, in most of which
Captain Rose was set forth as the drawer and owner.
He cited a number of cases in support of,
and proceeded to deal with, the other objection, namely,
that a number of unstamped documents, which ought to
have been stamped, were admitted in evidence at the
trial. Such documents it appeared, and the Learned
Counsel cited several cases, were admitted in evidence ;
it was frequently necessary to adopt such a course, in
order to promote the ends of justice, which, if wholly
excluded, would be frequently defeated ; besides, if the
objection was to stand, a guilty person might commit a
crime with impunity, by drawing bills and agreements upon
unstamped paper, and, consequently, escape conviction,
on account of the non-admissibility of the instrument.
Inithis case the unstamped documents consisted of me-
morandums of agreements alleged to have been framed
for the purpose of defrauding Captain Rose, and were
absolutely necessary to establish the case against the
defendant.

Mr. HILL, Q.C., followed, in support of the rule, on
behalf of the defendant Gombertz, and urged that the
mere form of a bill of exchange upon a piece of un-
stamped paper was nothing more than a valueless piece
of paper, and not a bill of exchange at all ; and even if
it were subsequently stamped it would be equally invalid.
He was supported in this view by the words of the Stamp
Act, which rendered an officer punishable if he affixed a
stamp to a document which bad been completed before
it was sought to be stamped. Variuus cases which he
cited favoured this line of argument.
At the conclusion of Mr. Hill's address the Court
rose.

I❑ the course of the afternoon the Lord Mayor, the
Recorder, and Sheriffs, entered the Court, and the Re-
corder invited the judges, in their names, to the banquet
at Guildhall this evening.
Lord DENMAN said some of the judges would attend
the banquet.

The COURT held that the verdict was good, and ought
not to be disturbed. The fact of the plaintiff having
made out his account to the defendant, a circumstance
strongly relied upon by the Learned Counsel in the pre-
sent motion, was not sufficient to render defendant liable
fur the payment of the same.—Rule refused.
SWEARING IN OF THE LORD MAYOR.

This being the day for swearing in the Lord Mayor
upon his accession to office, the Court was crowded to
excess by persons anxious to witness the ceremony. At
two o'clock the Lord Mayor, attended by the Civic
authorities, entered the Court, when the usual oaths
were administered to him by Mr. Baron Parke, the
Lord Chief Baron being prevented from attending in
consequence of a domestic calamity.
The usual invitations to the Judges to attend the ban-
quet were then given and accepted, and his Lordship and
the other members of the Corporation withdrew.
Their Lordships then proceeded to dispose of several
motions, none of which presented any feature of public
importance.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
COULING V. COCKS.

This case was tried at the last Surrey assizes, before
Mr. Baron Parke, and a verdict given for the plaintiff
on all the issues but one. An action had been brought
by the plaintiff against a person named Ho!lts, on which
the defendant was subpcenaed as a witness. He failed to
attend, and in consequence the plaintiff was obliged to
withdraw his record and pay the costs. The present
action was to recover the costs so paid. The issue on
which the verdict was given for the defendant was en a
plea in denial that the plaintiff had good cause of action
in the case Cocks v. Idolks.
Mr. Fisia now moved for a rule for a new trial on this
issue, or torian interpleader, and contended that it was a
matter of indifference to the present case, whether in
the former one there was or was not a good cause of
action—the witness was in either case bound to attend.
Rule granted.

but in a short time he returned?,
crowd, where witness could observe his hands in motion,
to the complainant
whose breeches-pocket he again tried, and then at-
tempted to put up his fingers beneath the brew t of
complainant's coat just at his waistcoat-peeket.
When charged by the complainant he said nothing
and ran as soon as he saw witness coming towards him,
and when caught, in St. Martin's-lane, he said he had just
come up from Somersetshire.
The defendant denied the charge.
Thomas Wolfe, the defendant's master, gave him a
very good character for steadiness and honesty. He
said he had been in his house for eighteen months,
and was quite surprised to hear the charge made against
him.

Mr. JARDINE said the conflict between the character of
the defendant and the charge, left the case in consider-
able perplexity. He asked if the policeman was sure
the defendant was the man ?—The policeman said he was
quite sure ; he had no doubt about his identity.
Mr. JARDINE said he must send the case before a jury,
and ordered that the evidence of the police constable
should he taken down on the depositions as fully as it
had been given before him.
The prisoner was admitted to bail, his master entering
into recognisances in 50/. fur his appearance at the
sessions.

James and Charles Stokes, two brothers, young men,
were charged with creating a disturbance in the public-
house, 14. Crown.court, and committing a severe assault
on a young boy, one of the spectators.
John Wilkie, the landlord of the house, said his house
was much pestered with the defendant James Stokes,
who was idle, ill-disposed, and a drag upon his younger
brother. Last night he had been drinking in the house,
and fell asleep there, and when his younger brother
Charles came to get him away, the other quar-
relled with him, and both fought most viciously.
A crowd was in consequence gathered round
the door, and Charles Stokes seeing them ran
out and struck right and left, to the serious injury of a
young boy in the crowd. The boy was kicked by the
defendant in the back, near the kidneys, and in the ribs,
so that it was feared some of his ribs were broken. He
was carried away last night very ill to the Charing
Cross Hospital.
The Magistrate inquired whether any one Was present
to speak to the state of the boy, and on hearing that
there was no report from the hospital, remanded the
prisoners till to morrow.

SOUTHWARK._(THIS DA►Y.)
John Brown, a man advanCed in life, was charged
with stealing a Sun newspaper, from the premises of
Mr. Wood, a coffee-house keeper, in the vicinity of this
Court.

Mr. Wood said the prisoner was in his coffee-room on
Saturday morning, and soon after his departure four
newspapers were missed. He came again in the evening,
and a watch being kept upon him, when he left the box
in which he was sitting, The Sun of; the same evening
was missing. He was followed, and brought back and
questioned, as to whether he had any newspapers in his
pocket, and he replied in the negative, and exhibited his
pockets to confirm the truth of his declaration. His hat,
however, was taken off, and in the inside The Sun was
discovered. He was then given into custody.
The prisoner accounted fur the circumstance of the
above newspaper being found where it was by saying
that his bat being too large for his head, he put it inside
to keep it from falling over his eyes.
Mr. SECKER said he did not believe one word of such
a defence, but that the prisoner had taken the newspaper
for the purpose of disposing of it, and converting the
proceeds to his own use. The Magistrate then inflicted
a fine of ten shillings on the prisoner for having un-
lawful possession of the newspaper, and in default of pay-
ment committed him for fourteen days.

CLERKEN `YELL.—(THIS DAY.)
In several cases which were brought before the ma-
gistrates this morning of persons being brought to the
station-house drunk and incapable of taking care of
themselves, the police applied to Mr. Greenwood that he
would order the prisoners to pay 7s. 6d., being the
amount of the doctor's fee.

Mr. GREENWOOD said he did not understand this de-
mand, and inquired of the inspector on duty how it hap-
pened that this charge was made so indiscriminately.
The Inspector stated that they had received strict
orders from the Commissioners of Police that whenever
a person was brought to the station-house apparently in-
sensible, they were at once to send for a medical man.
As most of those charges were brought in at unseason-
able hours, the fee charged for the attendance was 7s. 6d.
Mr. GREENWOOD said the law gave him no power to
order a person to pay this stir?. lie thought it rather a
singular order to hare a medical man called in in every
case of the kind, and be considered it would be very
hard to compel every person so charged to pay 78. 6d.
as the police demanded.

THE LORD MAYOR'S SHOW.
THIS DAY.

This morning, shortly after eleven o'clock, the new
Lord Mayor, Sir George Carroll, attended by the
usual Civic and other dignitaries, left the Guildhall
in grand procession. (A prcgramme of the procession
has already appeared in The Sun.) According to usual
custom, the new Lord Mayor proceeded by water to
Westminster to be sworn in, and to invite the Judges
to attend the civic banquet. The City barge and the
barges of the different Companies were gaily decked out
with flags and streamers.

On the:r return the Lord Mayor and the authorities
anded at Blackfriars-bridge, and proceeded to return
n procession to the Guildhall. The new equipages of
he Sheriffs were much admired.

MEXICO AND THE
t NITED ,STATES.

SAX DAYS LATER NEWS.

(FROM OUR OWN CORRESPONDENT.)

LIVERPOOL, SATURDAY NIG UT.
We have had two arrivals from the United States in
the course of to-day. The packet ship Cambridge, from
New York, with dates of the IGth ultimo; and imme-
diately after her the Joshua Bates, from Boston, bring-
ing papers from that city to the 23d, and New York to
the 22d ultimo. The Joshua Bates sailed for Liverpool
on the 22d of October, and has, therefore, wade the
voyage in little more than fifteen days. These arrivals
have put us in possession of papers and other adviees
from the United States six days later than those pre-
viously received by the Hibernia.
The British and North American Royal Mail steam-
ship Caledonia, after a somewhat protracted voyage, ar-
rived at Boston on the night of the 20th ult., about
eleven o'clock. She sailed hence from this port in the
forenoon of the 4th, and took out the particulars of the
sad disaster which befel the Great Britain. Prior to
her arrival there was much uneasiness and anxiety mani-
fested for the arrival of Captain Hosken and his
aquatic monster ; and when the intelligence of her mis-
hap became known at Boston, much regret was ex-
pressed at the accident, as well as sympathy for her
commander.

In the papers which we have received, we do not find
any news which can fairly be characterised as im-
portant. Some particulars are given respecting the
movements of the United States army in Mexico, as
well as conjectures respecting the ultimate intention of
their enemies. The West India Mail, which arrived at
Southampton on the 4th, brought us accounts of the
appointment of Santa Anna to the office of General Com-
mander-in-Chief. The advices new received confirm
that report, and furnish us with his acceptance of the
command. When at Ayatla, on his way to
the capital, he addressed to the newly ap-
pointed Minister of War, General Alrnonto,
a very remarkable, bold, and energetic letter.
It is a manly and patriotic communication, and gives the
United States army to know that in his person they have
a determined enemy, who longs for the time when he
can meet the forces of that country in the battle-field, so
that he may unsheath his sword, and take vengeance for
the aggressions made upon the Mexican soil by the
troops of Brother Jonathan. Santa Anna tells Almonte,
and through him the people of Mexico, that they are
now engaged in a terrible contest with a perfidious and
daring enemy, in which the Mexican Republic must
reconquer the insignia of her glory, or disappear from
the face of the earth.

Santa Anna reached the capital on the 15th of Sep-
tember. His reception was of the most encouraging and
flattering description. The people were joyous beyond
measure, and seemed to recognise in him their saviour
and deliverer. The day alter his arrival, the Provisional
Government, following out the sentiments of Santa
Anna, ordered a levy of 30,000 men to recruit the army.
Requisitions were forthwith transmitted to all the prin-
cipal places in the Republic for an immediate fnrnish-
ing of their respective quotas of men. Puebla,
and the whole of the towns within a circuit of 50 or 60
leagues of the metropolis, are stated to have complied with
the requisition with much cheerfulness and alacrity. On
the arrival of the news at Puebla, a regiment was imme-
diately raised with a view to assist, and in the equip-
ment of this large body of soldiers the Mexican Go-
vernment have remitted all duties upon munitions of
war. A commission had been appointed on the 4th of
September, to adopt ways and means for encouraging
and rewarding deserters from the enemy's camp, who
should happen to place themselves under Mexican pro-
tection.

The accounts from Santa Fe state that General Kear-
ney had been organising his military force and making
a provisional Government. Intelligence was also said
to have reached New York, that he had left Santa Fe on
the 3d of September, having with him 3,0(0 men and
20 days' provisions. His destination was Rio Ambago.
He was expected to return in a fortnight, after which he
was to start for California.

From the seat of war late accounts have been re-
ceived. The health of the troops had been very indif-
ferent, and those that were at Matamoras were dying
at the rate of five per day. The late battle at Mon-
terey is said to have cost the Americans 700 killed and
wounded ; the Mexicans, 1,100. Major Graham had
left Washington, charged with instructions to General
Taylor, whom the United States Government have or-
dered to prosecute the war with energy and perseve-
rance. The terms of his negotiation with Ampudia are
said to have been very unsatisfactory to the authorities
of Washington. General Taylor was to leave Monterey
for Saltino on the Ist of November, and an additional
force of 4,000 men were to be pat under his command,
so that he would depart from the scene of his last con-
quest at the head of 9,000 troops. Santa Anna was
supposed to be on his way to meet General Taylor, and
that the two armies would come within musket reach of
each other, at San Luis Potosi, where another engage-
ment was likely to take place.

GENERAL SANTA ANNA, COMMANDER-IN.
CHIEF OF THE LIBERATING ARMY, TO
GENERAL ALMONTE, MINISTER OF WAR
OF THE REPUBLIC OF MEXICO.
" AYoTTA, ONE O'CLOCK A.M., SEPT. 14, 1846.0
" Sir,—l have received your favour of this date, ac-
knowledging a decree issued by the Supreme Govern-
ment of the nation, Embracing a programme of the
proceedings adopted to regulate a due celebration of the
re-establishment of the constitution of 1824, the assump-
tion by myself of the supreme executive power, and the
anniversary of the glorious cry of Dolores. My satis-
faction is extreme to observe the enthusiasm with which
preparations are made to celebrate the two greatest bles-
sings that have fallen upon this nation—her independ-
ence and liberty—and I am penetrated with the deepest
gratitude to find that my arrival at the capital will be
made to contribute to the solemnities of so great an oc-
casion.
" In furtherance of this object, I shall make my en-
trance into that city to-morrow at mid-day, and desire,
in contributing my share to the tuitional jubilee, to ob-
serve such a course as may best accord Kith my duties
to my country—beloved of my heart—and with the re-
spect due to the will of the sovereign people.
" I have been called by the voice of my fellow-citizens
to exercise the office of Commander-in- Chief of the army
of the Republic. I was far from my native land
when intelligence of this renewed confidence, and of
these new obligations imposed upon me by my country
was brought me, and I saw that the imminent dan-
gers which surrounded her on all sides, formed the
chief motive for calling me to the head of the army.
I now see a terrible contest with a perfidious and
daring enemy, impending on her, in which the Mexi-
can Republic must reconquer the insignia of her glory,
and a fortunate issue, if victorious, or disappear from
the face of the earth, if so unfortunate as to be de-
feated. I see also a treacherous faction raising its head
from her bosom, which in calling up a form of govern-
ment detested by the united nation, provokes a prefer-
able submission to a foreign dominion; and I beheld
at last, that after much vacillation, that nation is re-
solved to establish her right to act for herself, and to
arrange such a form of government as best suits her
wishes. All this I have observed, and turned a lis-
tening ear to the cry of my desolated country, satis-
fied that she really needed my weak services at so
important a period. Hence I have come without
hesitation or delay to place myself in subjection to
her will, and, desirous to be perfectly understood,
upon reaching my native soil, I gave a full and public
expression of my sentiments and principles. The recep-
tion which they met with convinced tie that I had not
deceived myself, and I am now the more confirmed in
them, not from having given them more consideration,
but because they have formed a general echo in the
hearts of my fellow-citizens. I come here to carry my
views into operation, and in compliance with the man-
date of my country. She calls me as commander•in-
chief of the army, and in that capacity I stand ready to
serve.
" The enemy occupies our harbours, he is despoiling
us of the richest of our territories, and threatens us with
his domination. I go then to the head of the Mexican
army, an array the offspring (ego) of a free people. and
joined with it, I will fulfil my utmost duty in opposing
the enemies of my country. I will die fighting, or lead
the valiant Mexicans to the enjoyment bf a triumph to
which they are alike entitled by justice, by their war-
like character, and by the dignity and enthusiasm which
they have preserved, of a free nation. The war is a
necessity of immediate importance, every delay is an age
of infamy; I cannot recede from the position which
the nation has assigned me ; I must go forward unless I
would draw upon myself the censure due to ingratitude
for the favours with which I have been overwhelmed by
my fellow citizens ; or unless I would behold her hum-
bled and suffering under a perpetuation of her misfor-
tunes. Your Excellency will at once perceive how great
ai error I should commit in assuming the supreme ma-
gistracy, when my duty calls me to the field to fight
against the enemies of the Republic. I should disgrace
myself if, when called to the post of danger, I should
spring to that of power l Neither my loyalty nor
my honour requires the abandonment of interests so dear
to me.
" The single motive of my heart is to offer my com-
patriots the sacrifice of that blond which runs in my veiny.
I wish them to know that I consecrate myself entirely to
their service as a soldier ought to do, and am only
desirous further to be permitted to point out the course
by which Mexico may attain the rank to which her
destinies call her. In marching against the enemy
and declining to accept of power, I give a proof of
the sincerity of my sentiments ; leaving the nation her
own mistress, at liberty to dispose of herself as she sees
fit. The elections for members of a Congress to
form the constitution which the people wish to adopt,
are proceeding. That Congress will soon now con-
vene ; and while I shall be engaged in the conflict, in
armed defence of her independence, the nation will
place such safeguards around her liberties as may best
suit herself. If I should permit myself for a single
moment to take the reins of government, the sincerity
of my promises would be rendered questionable, and
no confidence could be placed in them. I am re-
solved that they shall not be falsified, fur in their
redemption I behold the general good, as well as my
honour as a Mexican and a soldier. I cannot abandon
this position. The existing Government has pursued
a course with which the nation has shown itself content,
and I have no desire to subvert it by taking its place
I feel abundant pleasure in remaining where I am,
and flatter myself that the nation will applaud my
choice. I shall joyfully accept such tasks as she shall
continue to impose upon me, and while she is engaged in
promoting the objects of civilisation I will brave every 1
danger iu supporting its benefits, even at the cost of my
existence. Will your Excellency have the goodness to
tender $o the Supreme Government my sincere thanks

for their kindness ? I will personally repeat them to-
morrow, for which purpose I propose to call at the
palace. I shall there embrace my friends ; and hastily
pressing them to my heart, bid them a tender farewell,
and set out for the scene of war, to lend my aid to serve
my country or to perish among its ruins. Ibt g to re-
peat to your Excellency assurances of my continued and
special esteem.

" ANTONIO LOPEZ DE SANTA ANNA."

COMMERCIAL.
The accounts received respecting commercial matters
inform us that immediately after the Caledonian reached
Boston Flour advanced 50 to 75 cents. per barrel.
Genessee, which had previously been selling at 518
brought from 61 to 6is on the 21st ult. At the Boston
market a cargo of yellow Corn was taken at 79 cents.,
to 80 cents. The supply of Oats being abundant, this
article remained without any rise in the price.