The Sun.
London, England, 1848-12-04 00:00:00

THE SUS,

vessels that sailed this aftern,,on were brought too at the
mouth of the river, viz.. Emiiy, for the Cape of
_Good

•
Hope; Achule, for Rio Janieio ; E:izabeth, for Buenos
Ayres ; Ino, Barrow, for New (Means ; Superb, for
Mobile ; L 11., Shepherd, for New Yoik ; Republic, for
Baltimore ; Conehita, for Havanna ; Indian Queen, for
Barbadoes. 3d,"Last ntlit it blew a gale of wind from
W.S.W. to W.N.W. This morning the wind is fresh
from S.S.W.
COWES, DEc. 3.—Wind W.S.W.—Arrd. Helena,
Anderson, Laguna.
SOUTHAMPTON, DEC. 3.—Arrd. Clyde, steamer, West

Indies. Sid. Avon, steamer, West Inaies.
BRISTOL, DEC. 3.—Arrd. Egypt. Solty; Callao; Shan-
non, Davis, New York; Mary Jane, Sargent, Prince
Edward's Island.
WATERFORD, Nov. 30.—Wind W.S.W. to W.—Arrd.
Crovel,r, St. John's, New Brunswick.
fleawrcu, DEC. 2.—The Inventus, of and from Sun-
derland, got on the Gunfleet Sand, last night, and was
abandoned by the crew, who wore landed here this morn-
ing by the Scout, Revenue• cruiser; she has since been
got off by a smack, and brought in here a derelict. 3, The
Marvin, of and from Shields, for London, got on shore
on Cork Sand yesterday; came off very leaky, and has
been assisted in to-day, and laid on the mud.
WIVENHOE, DEC. 3.—The Brothers, of and from
Shields for London, was totally wrecked on the Gun-
fleet Sand this morning, crew and part of materials saved.

LONDON,

imports, last week, consisted of 48 bales from Hamburgh,
49 ditto from Trieste, 2,500 ditto from Sydney, 146 ditto
from Buenos Ayres, 3,048 ditto from Nay, 85 ditto from
the Cape, 310 ditto from Bombay, 1,300 ditto from Port
Adelaide, and 944 ditto from Portland Bay. There is a
slight improvement in the demand by private contract,
and prices are fairly supported in every instance.
TALLOW.
_ _

We have again to report a very inactive demand for
all kinds of Tallow, owing to the larger stock on hand,
and prices are about 3d per cwt lower than on Monday
last. P.Y.C. on the spot, is selling at 44s 9d to 455;
and for forward delivery, 44s 3d per cwt. Town Tallow
is 45s per
,cwt cash; and rough fat 2s 7d per 81b. The
arrivals last week exceeded the deliveries by nearly
2,000 casks.

QUEEN'S BENCH.--(THIS DAY.)

(Before Lord DENMAN.)
MUM. CON.—GADSBY V. ESTALL.

This case was resumed at the sitting of the Court.
Sir F. THESIGER addressed the jury in reply to the
defence set up. lie said the case of the defendant
amounted to this, that the plaintiff had conspired with
others to fasten this charge upon him, and that he had not
hesitated to commit forgery in order to create a strong
case against the defendant, who, according to his plea,
was wholly guiltless of adultery with the plaintiff's
wife. Now, he submitted that the letter which the de-
fendant had addressed to Mrs. Gadsby had been clearly
proved by witnesses upon whom no shadow of suspicion
had been cast, to be in the defendant's handwriting.
The plaintiff's case fell to the ground at the former trial,
because the plaintiff could not prove the handwriting.
Now it had been proved beyond the shadow of a doubt.
They could not have failed to remark how the witnesses
for the defence prevaricated in their testimony with re-
spect to the handwriting. It was a remarkable fact that
the defendant's Counsel had not put the document into
the hands of Mr. Elcombe, who, having had large trans-
actions with the defendant, must have known his hand-
writing well. But the defendant had' had advantages
which but few men in a similar position had. Since the
last trial he might, it he had thought proper,
have put an affidavit on record, denying that he
was the author of the letter if he really
was not. The allusion in the letter to Mr. Elcombe's
quarrel with the cabman showed that the letter was a
genuine one, and not the act of a forger. If in the de.
fendan, 's handwriting, as he contended it was, there
could be no doubt of his guilt. Then with respect to the
daugerreotype likenesses of the defendant and the plain-
tiff, it was suggested that the children of both were in
the habit of playing with them. The worthless like-
ness of the plaintiff—the forgotten and injured husband
—was shown to have been much injured, whereas that
of the defendant was as fresh as the day on which the
portrait was taken. They all knew the busy, mischievous
hands of children. Was it not then probable that the plain-
tiff's likeness was the one with which the children played,
and that that of the defendant was carefully preserved
in the bosom of the guilty wife? The frequent kissing,
the long secret interviews, the stealing of the defendant
out of the back of the house and over the garden wall
when the husband came in unexpectedly, all tended to
show the defendant's guilt, and the corroboration of the
testimony of the witnesses for the plaintiff clearly
showed that they were the witnesses of truth. The
Learned Counsel concluded an elaborate appeal to the
jury to give the plaintiff ample and exemplary damages
for the injuries he had sustained by the conduct of the
defendant.

The CHIEF JUSTICE proceeded to direct the jury. He
said he did not think it necessary to go through the
whole of the evidence. The defendant had im-
puted through his counsel that the plaintiff
behaved harshly to his wife, that he was
jealous and unkind, that he was a poor man and had in-
duced her to marry him against the wish of her parents,
and that he had estranged her feelings from him. Now
there was no evidence upon this matter, they were left
entirely in the dark upon it; whilst on the other hand
there was evidence to show that the plaintiff treated his
wife kindly, and that they lived for some time happily
together. Her father, whom they had seen, imputed no
harsh conduct of the kind. It seemed very remarkable
and suspicious that the defendant, a married man, should
have been in the habit of visiting the plaintiff's wife in

the way and at the times stated in the evidence. It was,
as the Learned Counsel for the plaintiff had
stated, a strong point in the case that the defendant
had not denied that the letter was in his handwriting.
as he had had an opportunity of doing; and, again, that
the father was not asked his opinion of the handwriting
of the defendant, with which he must have become ac-
quainted in the course of the transactions he had had
with him. It would be for them to consider whether or
not the defendant. had resorted to the defence of fraud he
had set up as an expedient; it was for them by their
verdict to say whether the defendant was or was not
justified in the line of defence. If the testimony of the
servants was false it seemed to him that they might
have gone a good deal further. He need not, however,
tell them how much persons were in the power of ser-
vants; but the female witnesses in this case had had no
reproach cast upon them, and had given their evidence
with much decency. Because they were in a humble
sphere of life it was no reason why they should doubt
their testimony. But the letter was written in a re-
markably free hand, and not like an emanation from
the hand of a forger. If they believed the defendant
guilty, and that the defence of fraud and conspiracy set
up was groundless, it would be for them to consider the
amount of damages to which the plaintiff was entitled by

the injury he had sustained.
The jury retired at thirty minutes efter eleven. After
being absent about three-quarters of an hour, they sent
for the plan of the buildings.
Lord DENMAN sent for the jury, and when they had
entered the box, he said he thought it right that he
should read the entire evidence to them. His Lordship
accordingly did so, and they again retired.
The jury returned into court at ten minutes to four,
with a verdict for the defendant.

EXCHEQUER.—(THIS DAY.)
O'CONNOR V. BALLANTriE AND IRELAND.
This was an action brought by Mr. Feargus O'Connor,
M.P., to recover damages for libel published in the
Manchester Examiner, of which the defendants are the
printers and publishers.
Mr. Sergeant Wilkins appeared for the plaintiff, and
the Attorney-General for the defendants. The case was
set down to be tried by a special jury, but the parties
having arranged the affair between themselves, they had
consented to take a verdict from a common jury, who
were in the box, and had been called to try another cause.
The ATTORNEY-GENERAL, in opening the case to the
jury, stated that it was an action for a libel which had
been published in the Manchester Examiner, charging
Mr. Feargus O'Connor, M.P., in substance with having
falsified his ledger. It would seem that some time ago
a dispute arose between Mr. Cleave, the publisher, of
Shoe-lane, and the plaintiff, relative to money transac-
tions, and at that time Mr. O'Connor delivered to Mr.
Cleave an account of his claim, which it was alleged did
not agree with the items of his ledger: Upon this in-
formation being furnished to the defendants they charged
Mr. O'Connor in the Manchester Examiner with having
falsified his books, but subsequently, on the dispute with
Mr. Cleave being carried before an arbitration, Mr.
O'Connor admitted that the account he had delivered
was not correct, and determined to stand by
his ledger, which showed that instead of
Mr. Cleave owing him 6001. he was only indebted to
him in the sum of 3001. The information, therefore,
which had been furnished to the defendants being with•.
out foundation, they had thought it far more consistent
with their character as journalists to make this public
avowal, rather than withuraw their plea of justification
in private. They are now satisfied that there was no
ground for the charge brought against Mr. O'Connor,
the ledger itself was not falsified, but the particulars de-
livered to Mr. Cleave, and said to have been taken from
the ledger, by mistake, or accident, did not talley with
the ledger, and this led to the publication of the libel.
Mr. Sergeant WILKINS admitted that the defendants in
the cause had acted as gentlemen. The best of men were
liable to err, and the only reparation they could make
when they discovered their error was, to endeavour to
atone for the wrong as soon as possible. No doubt they
had received the information, and published it, believing
it to be true, but subsequent investigation had convinced
them that it was without foundation, and they had pro-
perly come forward to admit that they were wrong. But
he found there was something-on Mr. O'Connor's side
that was not altogether correct, and which ought to be
be retracted. No doubt the jury had heard that Mr.
O'Connor was the proprietor of the Northern Star, as
well as a prominent public character• in Manchester,
where, from the nature of his opinions, he had neces-
sarily many political opponents. While in Manchester
some time ago, ho received information which induced
him to believe that the defendants had instigated
"navvies" to assassinate him, and at a public meeting
he openly charged them with that offence, and after-
wards repeated the charge in the Northern Star. From
information, however, which had since reached him,
he was now convinced that no such attempt was ever
in contemplation, and he begged, as a matter of justice
to these gentlemen, to state so in public, and he now
publicly withdrew any such imputation against these gea-
tlemen.
The jury then returned a verdict, by consent, for the
plaintiff, damages 51. ss.
A gentleman in the body of the court said he had been
summoned on the special jury to try this case, and he
wished to know whether he was to receive anything for
his attendance.
The LORD Csimr BARON said he had no power to
interfere.
The ATTORNEY-GENERAL said he was authorised by
the defendants to state that the first twelve gentlemen
who answered to their names should be paid the usual
attendance fee of a guinea, although they had not been
actually sworn to try the case.