The Sun.
London, England, 1846-04-15 00:00:00

HENNIKER V. JONES.

This case was tried at the late Monmouth assizes,
before Mr. Baron Platt and a special jury, when a ver-
dict was returned for the defendant on the second issue.
Mr. WHATELY now moved for a rule nisi calling on
-tlie defendant to show cause why the verdict should not
be set aside and entered for the plaintiff with damages 701.
It appeared that this action was one of assumpsit on a
contract, by which the defendant engaged to deliver to
the plaintiff, at Newport, from 150 to 200 sacks of first
flour from Baltimore, in Ireland, at 375. 3d. a sack.
Their LORDSHIPS were of opinion that sufficient
grounds had not been shown why they should grant a
rule in the terms moved for—that the verdict should be
set aside—but would grant it for a nonsuit.
The remainder of the day was occupied with motions
of no public interest.

SECONDARIES.—(THIS DAY.)
(Before Mr. Secondary Parrzh.)
SMITH V. WILSON AND OTHERS.
This was an inquiry to assess damage for trespass and
illegal distraint. The plaintiff is a wadding manufaturer
in Minto-street, Long-lane, Bermondsey. The defend-
ant, Wilson, was the landlord of the premises occupied
by the plaintifE
Sergeant WlLnuis stated the case, whereby it ap-
peared that the plaintiff had laid out between eight and
nine hundred pounds on improvements of the premises,
but a dispute arising, Wilson put in a distress for 1254 for rent of a portion of the premises, and all the property
was seized and sold for 9/. by the condemning brokers,
who were not licensed auctioneers.
Smith, father of the plaintiff, was called, and
proved that he took the premises, on an agreement for a
lease, in November, 1840, and then laid out 7001. or
8001. on the premises, which he afterwards let to his son.
When the goods were taken away witnesses took an in-
ventory, and valued them at 701. Witness said he would
buy them at the condemned price, but the broker, Wix
(one of the defendants), said he should not say what it
was, and it was no use attending the sale, for there
would be brokers to run the price up.
Cross-examined by Mr. HUMPHRIES—Had not paid
any rent to Wilson, but it was deposited with a Mr.
King, to be paid to Wilson when he executed a lease,
but the attorneys could not agree upon the covenants.
King was in the habit of discounting for witness, and
deducted the amount for the rent. King had advanced
7001. on a mortgage of the machinery. Witness had
given up the business and machinery to his son, but
there was no deed executed. Did not claim the pro-
perty as his own. Became bankrupt in 1844, and King
was dead. There had been five other distresses put in,
and an action had been brought and a verdict given
against King, who was also bankrupt before he died.
Other witnesses were called, who proved that the busi-
ness done at the time of the seizure was 4,000/. or 5,0004
a year, and the net profit 1,0001.
Mr. HUMPHRIES addressed the jury for the defendants,
and said that there could be no question that the rent
was due, but in consequence of a technical point no de-
fence could be made—it would be seen that the agree-
ment for the lease extended to one portion of the pro-
perty, and that connected with the other was the right
to use a flue which was called in law an "incorporeal
heriditament," which would not pass under the agree-
Paged. Ile coluidered, hymn', Wit the ziotne
ment, but required a proper deed, duly. signedotanod

ase would be met by very small damages, and that the
plaintiff was not entitled to anything for the loss of
premises which he was holding without the payment of
rent.

The SECONDARY having summed up,
The jury asked for the inventory, and then gate a
verdict for 251., for the furniture taken, and One
Farthing damages.

MARKET INTELLIGENCE.
(From the London New Price Current of April 14.)
SPlCES.—Although prices rule low for black Pepper,
still exporters and the home trade have operated with
caution privately; the value of Malabar is 24cl to 3id,
Sumatra, 21c1 to 2id, and Penang 21d, to 24d per lb. At
public sale 200 bags and 297 packets of Malabar were
sold ; shot at 3d to 30, half heavy 24d to 2id, sea
damaged first class lid to 2i-d, second and third class 2id
to 20, sea damaged and repacked 2icl to 21d, per lb. Ar-
rivals are upon a more extended scale, yet the stock is
much less than it was last year. Prices do not improve for
white, but several parcels have been disposed of privately
at aid to 5d per lb. Nutmegs are little wanted, and
there are sellers privately upon rather lower terms ; the
stock being on the increase. Mace has been in fair
demand at firm rates. Although Ginger can be obtained
at the considerable decline that took place in the value
on this day week, still little busines has been transacted
privately in any kind. Pimento is held with firmness
and several parcels have been taken privately at 13-d to
3id per lb. Cassia Lignea has been sparingly dealt in
at 50s to 575, and good to fine at 583 to 63s per cwt. In
Cinnamon there has been little passing, but lower rates
are not taken for any kind. Some parcels of late have
been sent direct from Ceylon to Spain. Cloves are heavy
of disposal.
SPIRITS.—To-day Leeward Island Rum was sought
after, and buyers were compelled to pay Is lOid to ls
lld per gallon proof strength. Jamaica is wanted, and
100 puns of plain quality, 33 per cent over proof, were
sold at Ss 2d. Calcutta is sought after, and it was diffi-
cult to purchase proof strength with certificate under is
9d per gallon.
RicE.—To-day lower rates were taken for Bengal
Rice, for 1,000 bags of good middling white 12s per
cwt being accepted by private treaty.
INDIGO.—The quarterly sale of East lair commenced
to-day, and consisted of 12,978 chests ; before the be-
ginning and during the progress of the sale, 757 chests
were withdrawn, 768 chests have passed the sale.
SALTPETRE.—There has been a good desire evinced to
purchase Rough, and the supply at market continuing
to be small, buyers have been compelled to pay rather
higher rates.
OlLS.—There has been a brisk demand for Cod Oil
since this day week, holders have shown firmness. In
Seal there has been a good business transacted, but at
present no advance has taken place in the value. South-
ern has been in increased request, and a further adv-
ance in prices has taken place. Sperm is not offered
upon lower terms, but there has been only a limited
business transacted. For Linseed Oil rather lower rates
have been taken, although the supply does not increase.
For forward delivery many contracts have been entered
into, and 25s 6d to 26s paid, according to the period.
Rape Seed Oil has been in excellent request, and prices
have slightly improved. In Olive several purchases have
been made, and the stock continuing to be light, holders
evinced firmness. For Palm further reduced rates having
been taken, tempted the trade to operate with more
freedom ; several parcels have been disposed of. Cocoa
Nut has been sought after, but there is still little in the
market ; American Lard Oil is neglected, and can be
obtained upon easier terms.
TALLow.—Russian has been in good request on the
spot, and the stock being light, holders evince firmness,
and obtain 42s 3d to 42s 6d for fine Petersburg yellow
Candle, 42s for second sort, and 41s 3d to 41s 6d per
cwt from Odessa. For delivery in the last three
months of the year, there has been a larger
business transacted, and 42s 6d to 42s 9d per
cwt are the rates given, duty paid, for fine Petersburgh
yellow Candle. Town Tallow is plentiful, but the
quality inferior, and 41s to 41s 6d per cwt are the rates
taken, nett cash. The accounts come to band from St.
Petersburgh state that the supply of Tallow for this sea-
son was not likely to exceed 100,000 casks. Prices were
firm, and equal to 42s 9d per cwt for yellow Candle of
first quality laid down here.

THE BRITISH CORN TRADE.
(From the Mark-lane Express.)
The probabilities in favour of the passing of the new
Corn Importation Bill continue to form the chief topic
of conversation among farmers and corn merchants ;
the prevailing opinion seems to be that the measure
will meet with strong opposition in the Lords, and that
it will ultimately be carried ; in which belief we are
disposed to concur, as it is reasonable to suppose that Sir
Robert Peel is pretty certain of his st.ength in the
Upper House, and he has hitherto shown no want of
confidence iu his ultimate success. It is, neverthe-
less, clear that the new duties cannot be expected to
come into force much before June, as the Irish
Coercion Bill is to bo proceeded with in the Commons
after the Easter recess, until it shall have been advanced
so far as the third reading ; there is, consequently, very
little prospect of the corn trade recovering from its
present inactive position for weeks to come ; for so long
as the slightest doubt is felt in regard to the laws by
which future importations are to be regarded, all parties
will naturally deem it prudent to confine their opera-
tions within very narrow limits. The only circumstance
which could, in our opinion, give rise to speculation at
present, would be the occurrence of weather cal-
culated to prove injurious to the growing crop.
Even more than ordinary interest must attach
to the next harvest, and the slightest indication of
mischief would be sufficient to create alarm. That such
should be the case is perfectly natural, for not only are
the stocks of old wheat short in this country, but over
the greater Fart of Europe the crop of 1845 was so defi-
cient that it is not unreasonable to presume that the
article will have become scarce at all the principal con-
tinental ports before the produce of this year can be
ready for gathering. We stated in our last number that
the reports respecting the wheat plant were not uni-
versally favourable, and the weather experienced in the
early part of the week was certainly not of a character
to improve the aspect of the country; since Wednesday
an auspicious change has, however, taken place, and
we are disposed to place but little importance to the
discolouration of the blade, Paused by the recent cold
rains. On the whole, we regard the prospects for the
future as promising ; but we must repeat the remark
made on a former occasion, that to enter into any pre-
dictions at this early period, of the probable result of
the harvest, would be mere guess work. From some
cause not easily explained, holders of wheat, who last
week appeared to be losing confidence, have resumed a
very firm tone, and at several of the -leading provincial
markets a portion of the recent decline has been re-
covered ; at the same time we can notice no improve-
ment in the demand, purchasers having conducted their
operations on the same retail scale as before. The re-
gular course of business has, besides, been more or less
interfered with by some of the leading markets having,
in consequence of Good Friday, been held off the re-
gular day ; notwithstanding which, fine wheat has
slightly advanced in value.
Tuesday, the best qualities were
held
the currency of that day
At
2d. per Liverpool,
se'nnight, and needy buyers had no alternative but to
olobns
above
pay the advance ; since then very little business ap-
pears to have been done there, but the rise previously
established was supported on Thursday. In bonded
wheat little appears to have been done at that port
beyond small purchases for immediate liberation by cer-
tificates.
The advices from the western and north-western parts
of the kingdom are of a similar nature to those from the
places already named, the tendency of prices having
been rather upwards at Birmingham, Bristol, Glou-
cester, &c.
In the agricultural districts the value of wheat seems
likewise to have been well supported this week, the
growers having scarcely brought forward sufficient to
meet the demand, limited as has been the latter. It is
always a difficult matter to form anything like an accu-
rate estimate of the quantity of grain remaining in the
hands of the farmers ; considering the character of the
Proposed change in the duties, the probability is, that
they have been less disposed than usual to hold back, and
we therefore incline to the belief that, in comparison to
the quantity secured (and we maintain that the last crop
was short of an average), there is less in the hands of
the growers than in ordinary years at the corresponding
period.
The somewhat firm tone of the advices from the south
seems to have had the effect of checking the retrogade
movement in prices in Scotland ; and we learn from Ed-
inburgh, under the date of Wednesday, that fine dry
qualities of wheat had met with some attention, and had
realised fully former terms. Barley had also brought
quite as much money, and oats had advanced ls. per
quarter. At Glasgow, on Wednesday, the trade was
also very firm for all articles, and the turn was, in most
instances, in favour of the seller.
Our private letters from Ireland confirm the state-
ments repeatedly put forth by the Government relative
to the scarcity of provisions in the sister isle, and the
consequent distress among the poorer classes. The
dearness and inferior quality of potatoes had, it is stated,
caused an unusually large consumption of oatmeal ; this
circumstance, and the recent advance in the value of oats
in the English markets, had • duced holders of the latter
in
article to
raise their pretensions, and, high as prices now
are on this side, they are still relatively low in com-
parison to the rates generally asked at the leading Irish
shipping ports.
Owing to Good Friday, we have only had two business
days at Mark-lane this week. Of Monday's
market we
gave our usual relast nu
mb
port in ournum er, and we have
therefore,
placemerely to notice the transactions which took
un Wednesday; they were of too little importance
to require lengthened comment, still it may be as well to
mention each article separately.
The arrivals of wheat coastwise into London have
amounted to only 3,379 qrs., whilst by land-car-
riage of
was samples from the home counties the show
trifling in the e extreme on Wednesday ; the
little exhibited consisted, for the most part,
of qualities i
infer
The
inquiry
of red left over from Monday.
for these was by no means lively, but factors
eot disposed to accept less money ; and the few
parcels which chchangedap hands were sold at rates quite
Our millers are in in the beginning of the week.
glish wheat ; and
want of really dry parcels of Eng-
hanced terms would had any such appeared, rather en-
old wheat is also probably have been paid. Superior
of fine much required, and as there is none
lute qualitynecessities
°f remaining in granary, the abso-
buyers have obliged them to release
small quantities
On the other handout of bond (principally by certificates).
quirt' for lock wheat'; and,
has been no speculative
been realised realised fur the moderate quantity taken to supply
the pressing wale
of the town millers, it would have I
been impossible to have made important sales even at
considerably reduced rates. We have again to report a
.wheat from abroad, 29,674 qrs. haying

come to hand up to this (Saturday) evening. A large
proportion of the supply is from the Mediterranean, and
consists of secondary qualities, not likely to meet with
much favour at present.
The flour trade has remained in a wretched dull state;
and, though present prices of the article, as compared
with these of wheat, do not pay the miller very hand-
somely for grinding, the bakers appear to anticipate a
reduction, and consequently refuse to increase their
stocks. Bonded flour has been rather more pressingly
offered, and purchases might, in particular instances,
have keen made on terms which would not previously
have been accepted.
Barley has come rather sparingly to hand, the receipts
for the week consisting of 4,706 qrs. from our own
coast, and 1,508 from abroad. The transactions were
on Wednesday on a strictly retail scale, but needy buyers
had to pay fully former rates, not only for the finer sorts,
but likewise for the common descriptions.
In malt there was scarcely anything doing ; and in
the absence of operations of importance, quotations re-
mained nominally unaltered.
The arrivals of oats have not been large from any
quarter, and, inclusive of 2,940 qrs. from abroad, the
total supply up to Saturday evening amounts to only
15,206 qrs. The weekly receipts having for some weeks
past fallen short of the quantity required for local con-
sumption, considerable inroads have been made in the
stocks in dealers' hands, and prices have gradually crept
up. On Wednesday there was not much passing, still
needy purchasers had to pay quite Monday's currency.
Beans were even more neglected than in the corn
mencement of the week ; in partial cases this article
might have been bought the turn cheaper.
White peas also hung heavily on hand, but maple and
grey were in fair request, at tho recent improvement.

MIDDLESEX SESSIONS,
(Before Mr. Sergeant ADAMS, Assistant Judge,
and a Bench of Magistrates.)
The April adjourned Quarter Sessions of the Peace
for the county of Middlesex commenced on Tuesday, at
the Sessions House, Clerkenwell- green. The calendar is
lighter than usual, containing only the names of fifty-
three prisoners for trill, of whom forty were committed
charged with felony.
The Learned JUDGE briefly charged the grand jury,
after which they proceeded to discharge their duty.
ROBBERY OF UNFINISHED HOUSES.—Daniel Green,
aged 27, with Henry Kite, aged 30, were indicted for
stealing a quantity of lead, the property of Charles
Watkins.

The police, in consequence of information which they
had received upon the 3d of April, followed the pri-
soners to the neighbourhood of Twickenham, and, upon
overtaking them, challenged them respecting a sack
which they were carrying, and which proved, upon
examination, to contain a quantity of lead. Being un-
able to give a satisfactory account of the way in which
it came into their possession, they were taken into cus-
tody upon suspicion of stealing it. They made consider-
able resistance, and the officers were compelled ultimately
to carry them to the station-house in a cart. The lead
was evidently, as was represented, torn from the roofs of
some new buildings in the vicinity of Twickenham.
The jury found the prisoner Daniel Green Guilty, and
Acquitted Kite.
The Learned JUDGE inquired of the police whether
Green was known at all to them ?
The officer said that Kite was about the worst cha-
racter in the whole parish, and that Green was his con-
stant companion.
The Learned JUDGE cautioned Kite of the conse-
quences to himself if he ever came there again, and
sentenced Daniel Green to imprisonment and hard labour
in the House of Correction for six calendar months.

These robberies from unfinished houses appear on the
increase, and the Court both at the last and present
session have made some strong examples of prisoners
convicted of this offence.

SURRE Y SESSIONS.

(Before Mr. FRESHFIELD, Chairman, and a full Bench

of Magistrates.)
MR. JOHN CURLING V. THE COMMISSIONERS FOR THE IM-
PROVEMENT OF BERMONDSEY PARISH.
This was an appeal made yesterday to an award made
by the Commissioners, under an Act of Parliament, the
Bth and 9th Victoria, cap. 177, entitled "An Act for
Improving the Parish of Bermondsey," as compensation
for the loss of his situation by the appellant, as clerk
to what was called the waterside trust or division of the
parish.
Sir Thomas Wilde and Mr. Peacock appeared for the
appellant, and Mr. Montague Chambers and Mr. Clark
for the respondents.
The case occupied the Court from ten o'clock in the
morning until seven in the evening; but the brief facts
are these:—ln the year 1832 Mr. Curling was ap-
pointed to the situation of clerk to the trustees of the
waterside district of the parish, and enjoyed that office
until ,the last session of Parliament, when a Bill was
passed which placed the whole of the parish of Ber-
mondsey under one commission, and abolished those
previously existing. On the passing of the Act, the
Commissioners wader it elected Messrs. George and
George Henry Drew solicitors in the parish, their clerk,
upon which Mr. Curling applied for compensation, under
the Act of Parliament, for loss of office. The Commis-
sioners, after due deliberation, made an award of 3361.
15s. This amount Mr. Curling considered insufficient,
and gave notice of appeal, conceiving himself entitled,
according to his own calculation of loss, to 7,500/.
Sir THomss WILDE addressed the bench at consider-
able length in advocacy of the claim of the appellant to
compensation immeasurably beyond the insignificant
sum offered, and called witnesses to prove, that with
salary and emoluments appertaining to his ffice his in-
come averaged 2301. per annum, and upon this amount
he required compensation. It also appeared that Mr.
Curling bad brought an action against the trustees for
the balance of his account, got a verdict, and actually
arrested one of that body for the amount, nearly 1,0001.
Mr. CHAMBERS, in his address for the defence, cha-
racterised the Aim on the part of the appellant as
perfectly monstrous. The appellant (Mr. Curling) ought
to consider himself fortunate in having, since his ap-
pointment to the office in 1832, been engaged in two
Acts of Parliament for the parish, by which his emolu-
ments were enormously increased. 'The Learned Coun-
sel contended that the appellant had no right to add
those sums as ordinary estimates to swell the average,
and that he ought to be quite content with the handsome
sum he had made by these proceedings, without attempt-
ing to get them paid a second time. fbn a fair calcula-
tion the applicant's salary and emoluments could not
have been more than 1001. a year ; and as the Act of
Parliament only fixed the compensation at a quarter of
the income, the Commissioners had acted fairly and liber-
ally in offering Mr. Curling 2381.
The Magistrates withdrew to consider the decision,
and after an absence of about twenty minutes returned
into court, when
The CHAIRMAN said they had fixed the award at
750/. ; and with respect to costs, it was their opinion
that each party should pay their own. As, however, the
Act of Parliament made it necessary that costs should be
given, they fixed those at 40s.

POLICE INTELLIGENCE.
MARYLEBONE.

William Restall was charged before Mr. Rawlinson
with the following offence :
Serjeant Bennet, 18 D, deposed that on the same
morning, between two and three o'clock, he saw the pri-
soner down the area of 23, Allsop-terrace, New-road,
and on asking him what he did there, he replied, " It's
all right, we have been out on the spree, and are trying
to get in ;" at the same time tapping at the kitchen
window, and saying, " Susan, open the door." In a short
time after this another man, whom witness had not in
the first instance perceived, made his escape over the
wall, and got away, notwithstanding a second constable
was placed at the spot to keep a look-out. Witness
added that he took the prisoner into custody and con-
veyed him to the station, and that on going back to
examine the premises, he found a large chisel and a box
of lucifer matches close to the water-butt in the area
The prisoner was not known to any one at the house,
and his object, and that of his companion, was un-
doubtedly that of committing a robbery.
Lennard 50 D said, that he knew the prisoner, who
had before been charged at this Court under very sus-
picious circumstances. On that occasion he had various
implements for house-breaking in his possession. He
was then sent to the House of Correction for a month;
he had also been sent from Clerkenwell Police-court for
three months ; and had been tried at the Old Bailey,
where he was found guilty, and sentenced to six months'
imprisonment.
Prisoner—l have only this to say, the chisel and the
lucifers are not mine, I know nothing about them; if I
had not drank too much I should not have been in the
place I was.
Jacobs 81 D deposed, that he heard the prisoner, who
had seen the chisel on the mantel-piece at the station,
say to another who was locked up with him in the cell
" They have found the chisel, and I shall be safe for t;
" drag" (three months).
He was committed for the period which the slang
word " drag" denotes, and on his being removed from the
bar he thanked the magistrate for the sentence.
William Jones was charged by Skidmore, 160 S, who
stated that on the previous afternoon he was on duty at
Chalk Farm
fair, in private clothes, when he saw the
prisoner " dive" into a gentleman's pocket, and imme-
diately took him into custody. On searching him at the
station-house witness found in his possession three silk
handkerchiefs, one of which was in his hat, another cull-
coaled beneath the upper part of his shirt, and a third
tied round his neck.
The prisoner, who gave a very unsatisfactory account
of himself, was committed for six weeks to the House of
Correction.
James William-sand Henry Ewbank were charged with
having stolen a silk handkerchief from the pocket of
John Goding, 50, Castle-street, Oxford-market.
The prisoners, while at Chalk Farm, were for some
time standing behind the prosecutor, from whose coat
pocket Williams took the handkerchief and passed it to
his companion,Ewbank.—They were committed for trial.