The Sun.
London, England, 1846-12-21 00:00:00

the defendant on the ground that he was a partner with
the bankrupt.
In support of the plaintiff's case a number of wit•
nesses were called, to prove that defendant sometimes
gave orders for goods for the use of the tavern.
On the part of the defendant Mr. M. CHAMBERS con-
tended that there was not the least ground for the pre-
sent action. The plaintiff was not in business at present;
he formerly carried on business as a wine merchant in
New Broad. street. Mr. Argent, the late proprietor of
the Rainbow Tavern, had been in the habit of discounting
bills to a large amount for the present plaintiff; these
transactions extended over a long period of years.
The defendant in the present action made an agreement
to let the business of the Rainbow Tavern
to Mr. Argent at the rate of 101. per week, but the
business was to be carried on as formerly under the
name of Coils, and there was a further condition in the
agreement preventing Mr. Argent from discounting,
accepting, or endorsing any bills of exchange without
the previous consent had and obtained of the present
defendant. The defendant never ordered the wine, the
payment of which was now sought; never knew of its
delivery, and, further, the account was kept in the books
of the plaintiff in the name of Argent only, the invoice
was made out in his name, and beyond all that, the
plaintiff knew perfectly that Coils had given up all con-
nexion whatever with the tavern; there was not, there-
fore, the slightest ground for bringing the present action
against the defendant.
Mr. Isaac Argent was then called, who stated that he
was the brother-in-law of the defendant, who formerly
waited at the Rainbow Tavern; had been in the habit of
discounting bills for the plaintiff and others to a very
large mount.
By the Loan CHIEF BARON—He had formerly been
in business, and had saved a considerable sum of money.

The INDRR-SHERIFF—This evidence appears very
co. ncluiivo at present.
TIMIMAS admitted it was, anl that he c )uld not
press the di ,fence.
The ~'PrY found for the amount chimed.
BAGOT L. SYERS.

•or I ls, of it. Yates was then up against the wall, per-
haps tko or three yards from the men. I was standing
beside Catherine. Yates gave a groan out when against
the wall. They all went up to Yates again, and there
was a big splash in the water. The water was very
rough, and Yates was gone, but I do not know which of
them laid hands on him. I heard no noise from
Yates after I heard the splash. Catherine said,
" What have you done that fur ?" and Ihik,r said.
" If you don't mind yourself you'll get the same."
We all then walked up towards the bridge, Raine and
marker at the side of us, and Breckun in front. When
we got to the middle of the bridge Barker asked me if I
would tell about it, and I said I never would.
Barker asked me that down the sills. I then also said I
never would tell. He asked Catherine, and she did not
answer him. On the bridge, when he asked me, and I
said " I would not," he said, " So help you God, you
never will." I said so after him. He then asked
Catherine, and she said, " She would be if she
didn't tell the police as soon as she got into the town."
I lost sight of Catherine not over a minute after she said
she would tell the police. I never saw her again alive.
I saw where Catherine Raine went to—she went into the
river. Breckon ar,d Raine and Barker went with me
after this. Barker said, "If he thought I would tell, he
would fling me in too." Bteekon said, "If I did tell,
God would strike me dead in a minute." Before that
Raine and Barker swore rue On the bridge not to
tell. They swore me a second time on the bridge,
after Catherine disappeared. I parted with them that
night beside our own door. They then went on to
Briggate end, towards Thorngate. I went home, and
went to bed.

This wag at 1 action on a bill of exchange. Defendant
pleaded that lit 3 did not accept, nordid he promise to pay.
Mr. Maw Appeared on behalf of the defendant to pro-
test against the trial proceeding, on the ground that
there were two issues, and the notice was to try the
" issue." It wa 1 contended for plaintiff it was all one
issue.

The UNDEIR-Sh 'mans said he could not refuse to try
the cause, but wou.'d take a note of the objection.
Evidence was theil adduced to prove the handwriting
of the defendant, and. on that issue a verdict was given
for plaintiff.

WINTER ASSIZES.
NORTHERN CIRCVIT.—York, Dec. 14,
(Before Mr. Justice CRESSWELL.)

MURDERS AT STABO'FORTII, NEAR BARNARD CASTLE.
—George Barker, 19,. John Bream, 24, and Thomas
Routledge Raine,l9, against whom two true bills had been
found for the murder of Joseph Yates and Catherine
Raine, at Startforth, on the 10th of August, 1845, were
charged with the wilful murder of the former.
Mr. Bliss, Mr. Pullein e, and Mr. Overend. were counsel
for the prosecution. Mr. Matthews and Mr. Blanshard
defended Barker and Re ine, and Mr. Pickering appeared
on behalf of Breckon.
The prisoners, who appeared cpite unconcerned,
pleaded not guilty.
Mr. Buss then stated the case to the jury. Gentle•
men, this is not a case which depends upon what is
called circumstantial evidence. It depends on the tes •
timony of an eye-witness, who was present at the time
the crime was committed. Yet a good deal of circum-
stantial evidence will be offered and brought before you,
not as creating a case of itself, but as affording reasons
from which you may think that it will be safe for you
to trust the testimony of the principal witness. The name
of that witness is Ann Humphreys. The crime is
charged to have been committed on the night between
Saturday, the 9th, and Sunday, the 10th of August, in
the year 1845. The place was near the bridge of Bar-
nard Castle, on the Yorkshire side of the river Tees.
The person who was murdered was Joseph Yates, a
tailor, and residing in Barnard Castle, in Galgate. 'The
prisoners belong to Barnard Castle. Some time is
the month of August, 1844, Barker came to de-
ceased with a coat, which he desired might be altered
for him. Barker gave this account of the coat,
that "it was Cotherstone clip, and ranter fashion,"
and that he had bought it at the sale of Captain
Bainbridge. Captain Bainbridge was a person who
occupied a house at Cotberstona, and in his house
a seizure had been made of his furniture in August,
1844, Barker being the person left in possession,
In consequence of that seizure instructions were given to
a solicitor named Coulthard to commence an action, and
Yates was examined and subpoenaed to appear at York
Assizes in July, 1845. Afterwards it was determined
to proceed criminally against Barker. Yates was in-
formed of that determination, and he was told that he
would not be wanted at those assizes, but would be
wanted on a future occasion. The same information was
also given to a person of the name of Walker, and Wal-
ker communicated that information to Barker, telling
him that after the assia-s he would be criminally pro•
ceeded against respecting the coat. From the fact of
Yates having been subpoenaed respecting the matter,
Barker conversed with Yates with respect to his account,
threatened him, and inquired of him whether he intended
to appear against him. You will hear the conversation
that took place, and you will hear also the threats made
use of by Barker ; and evidence will also be given by
a person to whom Barker spoke, viz :—that he (Barker)
desired that person to go with him in order to give Yates
a good "milling." That took place on Saturday, the 9th
of August, 1845, the very day on which the deceased
Yates was killed. And now, gentlemen, I come to the
detail of what occurred on that day. At about eight
o'clock on that day Yates was seen in Thorngate, a
street communicating with Briggate, which leads down
to the bridge at Barnard Castle. He was seen to have
a sovereign in his pccket. From eight o'clock in the
evening until about half-past eleven or twelve, the de-
ceased was seen at several public-houses, drinking and
dancing, and apparently in good health and spirits.
Yates was a small man, with an effeminate voice. After
he was seen at Lofthouse's, the last public-house he was
at, he will be taken up from thence by another witness
named Cooper, who walked with him down Briggate,
across the bridge leading from Barnard Castle to Start-
forth, went to Startforth, returned again, and left him
standing on the bridge; this would be about twelve or
one o'clock. The night in question was both dark and
stormy. We shall find him next seen by a person named
Robinson, who, in a little lane called the Lonning, lead-
ing from Briggate to the river, saw Catherine Raine
come out of a public-house kept by a person of the
name of Procter, and go into Briggate, where she and
Yates met. Robinson then went into his own house,
and the next we hear of him is by a witness named Dub-
son, who lives further up to Thorngate in Briggate,
and who, being before his house smoking his pipe
for some time, saw Yates and Catherine Raine pass ,
and repass towards the bridge and from the bridge. Dob-
son then went into his house, and this is the last we see of
Joseph Yates and Catherine Raine until they are taken up
by that important witness Ann Humphreys. We shall
show that all the three prisoners were in Barnard Castle
that Light, and in Briggate and the neighbourhood, and
at last a witness named Wanless saw Barker and Breckon
and Raine together, going down Briggate towards the
bridge. And now, we come, gentlemen, to the testimony
of Ann Humphreys. She was a girl working ut a factory at
Barnard Cas:le, b( ing about 21 years of age, having had
an illegitimate child, liviag in a house on the left hand of
Briggate as you go down the street, with her father and
sister and child.—(The Learned Counsel hue detailed the
evidence of Ann Humphreys, as it will be found sub-
joined.) On the following morning (Sunday) Mrs. Alice
Galland, wha resides at Startforth, and goes to Barnard
Castle to Church, went, according to her custom, along
this road to the bridge, and when she got to the place
which I have mentioned, abut nine o'clock that morning,
she observed a young man looking over the wall ; she also
noticed his movements, and was particularly struck with
him. As she went along she saw blood upon the ground,
and also observed blood on the stones of the wall. Both
it and the young man excited her attention, and she spoke
to him. In consequence of what he said she looked for
marks of horses' feet. She saw none, but saw marks of
human feet, as if apparently after a scufle, and saw the
mark of a knee upon the soft ground, as if the knee of a
person wearing corduroy trousers had been pressed
against it. She went to church, and on her return she
found that some mud had been put over the blood, and
mud on the wall so as to obliterate or conceal the blood.
She heard afterwards of the death of Yates. The exa-
mination took place in the month of July in the present
year. She felt a curiosity to attend that examination,
and whilst she was there she was struck with the ap-
pearance of Raine, but how far you think she identifies
him will depend upon her evidence. On that same Sun-
day morning the parish clerk of Barnard Castle was
proceeding to church, where he likewise observed the
blood. A female named, Mary Ann Dalkin heard the
cries on Saturday night, and the windows command a
view of the place in question. On the Sunday morning
she saw the three prisoners looking over the wall, and
apparently busy with something there. Two days
after this the body of Yates was found at a place about
three or four miles lower down the river. It was
observed that he had bruises on his body, and wounds
or cuts, and at the back of his head there was a
considerable injury, with coagulated blood, and blood in
the nostrils coagulated. I consider that efferds some
probable inference as to the cause of death, for unless it
was coagulated until it got into the water, it will be for
you to say whether the water would not have washed it
off. Gentlemen, on the night in question the prisoner
Barker went home to his lodgings, where, as will be
proved by a person with whom he slept, he arrived some
time. after the period I have spoken of. He will speak
to you as to the state in which he appeared to be, and he
will give you this further important evidence, that the
next day, which was Sunday, before he (the witness) had
heard of Yates being missing, Barker told him that
Yates was gone. Add to that this circumstance also,
that afterwards Barker cautioned him not to mention it;
and, I believe, on more than one occasion, not to di-
rulge the fact he had mentioned to him. And now, gen-
tlemen, I come to another important stage of the case.
Ann Humphreys made no disclosure of what she had
seen that night, from the time it happened until the 26th
of July in this year. Before that time she appeared to
be in a state which will be described to you. On that
day she had some conversation with a friend of hers, of
the name of Sutcliffe. The result was, that Mrs. Sut-
cliffe took Ann Humphreys to a constable naniedPearson,
who took her before the magistrates, and the prisoners
were arrested, examined, and committed.

The Court then adjourned till nine the next morning.

- Decenaier 15.
The Court sat this morning at nine o'clock, when the
examination of witnesses for the prosecution was re•
sumed.

By Mr. BRANWELL—Purchased the Rainbow Tavern,
and carried it on from the time of taking possession
until his bankruptcy, in 1844. Defendant had nothing
whatever to do with the business; he never slept in the
house once in a twelvemonth; he resided in the
country, and upon every occasion► when he came to ton n
he used to come to the Rainbow Tavern. He always
paid for everything he had in the same manner as any
other customer. He did so to encourage witness. The
plaintiff, and his clerk, Mr. Hayes, used to come very
frequently to witness, and request him to purchase wine
of him. He said that he could not purchase his wine,
as he was bound by his agreement not to do so, without
the consent of the defendant. At the time of his bank-
ruptcy, defendant obtained execution against him, and
took possession of the tavern ; since that time he had
been living as a waiter at the tavern, having no other
interest whatever in the business.

The case for the prosecution was not brought to a close
until halt-past two o'clock in the afternoon.
Mr. MATTnEws rose to address the jury on behalf of
the prisoners Barker and Raine. As to Barker, he should
prove an alibi. He should prove that he was in the
house at the time assigned by Ann Humphreys for the
commission of this atrocious deed. He could not trace
Raine in the same way, but he could trace him so far as
he hoped would insure his acquittal also; because if Ann
Humphreys' evidence was false as to Barker, he asked
Low could it be believed as operating against Reim ?
Mr. Pickering also addressed the jury for the prisoner
Breckon.

The witnesses for the defence were then examined
with the view of proving an alibi in behalf of Barker;
also that the evidence against Breckon and Raine was
too conflicting to be depended upon; and that Yates and
Catherine Raine were tipsy on the evening when they
met with their deaths.
Mr. MATTHEWS—That is the case for the defence, my
Lord.
The Court again adjourned.
December 16.
This morning the prisoners were again placed at the
bar, after which Mr. Buss replied.
Mr. Justice CRESSWELL then summed up the facts of
the case most minutely, and in conclusion said, respect-
ing the testimony of Ann Humphreys, if they believed
her story, they could make the crime no less than mur-
der, but if they disbelieved her, then they must acquit
the prisoners, because whatever noises might have been
heard, whatever appearances might have been presented
at the spot where the murder wa, committed, they
would be no proof that the prisoners had been guilty of
the awful crime with which they were charged. If the
jury, on a full investigation of the case, were convinced
that the prisoners had committed the murder, then they
must perform their duty, however painful it might be,
and return a verdict of guilty. But if, on the contrary,
they entert Lined any substantial doubt on the case, then
they must give the prisoners the benefit of that doubt,
and acquit them.
The jury then retired, and at half-past ten o'clock at
night returned into Court with a verdict of Not Guilty.
Mr. OVEREND, on behalf of the prosecution, said that
it had not been decided whether they should again ar-
raign the prisoners for the murder of Catherine Raine.
York Courant.

Cross-examined by the ATTORNEY-GENERAL—Re-
ceived a letter a short time since from Mr. Hayes,
threatening to bring the present action against Coils.
Had offered to pay 100/. out of his own pocket to
plaintiff, rather than have the affair brought up again.
The name of Coils was kept over the door; the license
was in hia name, though, previous to his bankruptcy, the
name of witness had been joined in the license.
By a juror—Defendant knew nothing whatever of the
wine having been sent by the plaintiff.
Several other witnesses were then called, and
The ATTORNEY-GENERAL replied.
The LORD CHIEF BARON, in summing up, said that,
in his opinion, the agreement between the parties was
nothing more than an agreement to let the busi-
ness a kind of agreement totally new to

him, which he believed altogether unprecedented,
and, in his opinion, was altogether a fraud upon the re-
venue • d police laws applicable to taverns; and, there-
fore, so far as the agreement itself was relied upon as a
defence, it Ras clearly altogether null and void,
With respect to another part of the agree-
ment, namely, that part by which he was to
receive 101. per week, if the jury were of opinion
that such a sum was to be considered as a portion of the
profits of the business, then the lessor was clearly liable;
it was nothing more nor less than a partnership. The
lessee had no powers whatever to discharge a servant or
order wine without the consent of the lessor, and he was
not at all surprised at the disastrous results which had
occurred to Mr. Argent at least. The defendant had
named 10/. a week for six years, and 50/. a year for six
years, which amounted to the large sam-of 3,440/., and
then he stepped in and took possession of all again. The
jury, under all the circumstances, would censider whether
the defendant had really parted with his interest in the
business, and if so, whether the plaintiff knew of his
ha'ing done so ; if they were of that opinion it would
be their duty to return a verdict for the defendant.
Tt e jury retired, and, after a short absence, returned
into court with a verdict for the plaintiff—Damages,
457/. 6s. 2d.

POLICE INTELLIGENCE.
MANSION HOUSE.
Edmund Webber, a person of very gentlemanly appear-
ance, who has been some years in the employment of
Messrs. Giles and Co., coin-factors, of Fowkes's-court,
'rower-street, was charged before the Lord Mayor with
having embezzled the sum of 7001. and the sum of 2004
the property of the firm.
Mr. J. Kirton, corn-chandler, of Charles-street, Mid-
dlesex, hospital, stated that he dealt with Messrs. Giles
and Co., and that on the 11th of December he paid to
the prisoner, on account of the firm, the sum of
561. 6s. 3d.

COURT OF COMMON PLEAS, Dec. 19,
HALL V. GURNEY.-THE CHINESE EXHIBITION.

This was an action brought by William John Hall, a
wharfinger and general merchant of the city of London,
against Mr. Samuel Gurney, jun., the son of the well-
known capitalist and money broker, to recover 5001.,
which it was alleged the defendant, as one of the
executors of the late Mr. Dunn, the proprietor of the
Chinese Exhibition, owed to the plaintiff, bcing the
balance of commission still due on certain bonds to the
Treasury, executed by the plaintiff, to allow the free
importation, for the purposes of exhibition, of the col-
lection in question.
Mr. Sergeant Byles and Mr. Sergeant Dowling ap-
peared for the plaintiff ; Mr. Sergeant Channel and Mr.
-eeacock for the defendant.
Mr.. Sergeant BYLES opened the case, stating that the
present action arose out of the well-known collection of
foreign curiosities at Hyde Park-corner, called the
Chinese Exhibition. The pr ,prietor of that exhibi-
tion, now deceased, was an American, who, having been
engaged in business at Canton for some years, had
selected a rare and valuable collection of articles, illus-
trative of the manners and customs of China, which, in
the first place, were taken to Philadelphia, from
whence it was transported to this country. Mr.
Hall was the agent to arrange with the
Custom House authorities. It resulted in the larding
of the goods, and after some negotiation with the Custom
House authorities, they were allowed to be taken out tbr
six months, duty free, for the purposes of exhibition, on
condition of a bond being given for 20,000/. to restore
them at the end of that time. This was in 1841. At
the end of the six months the bond was, on petition, re-
newed. Altogether the bonds were renewed five diff.rent
times, half par cent. being charged on each bond as
commission. To this was added 521. 125., as brokerage
for the landing of the goods, and three guineas for each
renewal of the bond. The articles were ultimately ad-
mitted by the Government duty free. Other payments
of sums of money had, it was alleged, been made by
Mr. Hall from time to time on account of the deceased.
Mr. Dunn, while alive, had paid several sums towards
these debt,, which reduced the amount claimed to
about 5001.

MP. P. M. Shepher 1, cashier at Messrs. Calvert's, the
brewers, stated that he handed 99/. 18s. 9d., which was
due to Messrs. Giles, to a per-on named Robinson, porter
to the latter, on account of the firm.

Robinson proved that he paid that sum into the hands
of the prisoner.
Mr. Henry Aste, corn dealer, proved that he paid, on
the 7th of Decembar, into the hands of the prisoner, on
account of Messrs. Giles, the sum of 7001. in a cheque.
It was proved that riot one of these sums had been
enter, d on the books, or received by the firm.
Mr. Hobler, who appeared for the prosecu'or, sub-
mitted that there was no answer to any one of these
cases.

Mr. Ballantine (for the prisoner) admitted that there
were undeniable grounds for committing the prisoner.
The LORD MAYOR directed that the prisoner should
be brought up on a future day, to be committed for trial.
The prisoner, whose connexions are very respectable,
wui deeply involved in railway speculations.

RAILWAY SHAItE MARKETS.
BRISTOL, DECEMBER 18.
STOCK ExcnAsGE.--The sales are—Bristol and Exeter,
New, 7—Great Western, New, 7—Midland ( Bristol and Glou
cester), 491,4—North British, 3634—Ditto, Half Shares, 16—
Ditto, Third Shares, 2T4 p.—North Staffordshire, 31. 13s, 9d,
p.—Shrewsbury and Birmingham (A), WA—Ditto (B
1 p.

LIVERPOOL, DECEMBER 18.
STOCK EXCHANGE.-The sales are-Ambergato and East-
ern Junction, par-Birkenhead, Lancashire, and Cheshire,
11/i p.-Birmingham and Oxford Junction, 8 p.-Boston,
Stamford, and Birmingham, 'r4 p.-Dundee and Perth, New,
6 p.-East Lancashire, New (scrip), 283. 9d.-Edinburgh
and Glasgow, 74-Glasgow and Dumfries, 114 p.-Glasgow,
Paisley, and Greenock, Halves, 814-Leeds and Dewsbury,
New Extensions (pink), 11/8 P.-Leeds and Thirsk, New,
Preference, 1 p.-London and North-Western, New, Qiarters,
(scrip),p.shrewsb,ry
12' p.-London and Direct Northein, 1,6 dis.-Manchester
and Leeds, Fifths,
p.-Manchester and Southamptonl% .
3vs IL-North Staffordshire, 3% p.-North-Western,
dis.-Midland, 401. Shares, 7% p.-North British, Thirds
and Herefordshire, dis.-Shrewsbury,
Oswestrv, and Chester, 11/8 dis.-Ditto, New, 1/6 dis -
1 L 1,4 p.-South-Eastern and Dover, 3814-Ditto,
Shrewsbury and Birmingham (A), 21/8 p.-Ditto, 91. 124. 3d.
SharesNe
No. )4,
West Riding Union, 1% p.-York and
Newcastle, Preference, 5 p.-York and North Midland (East
and West Riding
B 7(4
p-
Extension), 114 p.-Ditto, Preference,
10% p.-Be Ballymena,
p.-Belfast and Ball 63/ dis.-Dublin and Drog-
heda,
,4
181 dis.-Newry and Warrenpoint, p.-Dutch
Rhenish, 11,4 dis.
BLANCHESTER, DECEMBER 18.
STOCK EXCHANGE. -The sales are-Ambergate, Notting-
ham, and Boston, IA dis.-Birkenhead, Lancashire, and
Cheshire Junction, 1 3-16 c. p.- Birmingham and Oxfoi d
EjnansteertirD73C '
Junction,
and Bolton, p.-Blackburn, Clitheroe, 11, 1 dis.-Black-
burn,lk p.-Direct Northern, 1/2 dis.-
Counties, 23-East Lancashire, New (scrip), 1 7-16
p.-Fleetwood, Preston, and West Riding, 14 dis -Glasgow
and Dumfries, 134 c. p.-Great Grimsby and Sheffield, 3:yi
c. dis.-Huddersfield and Manchester Ri,ilway and Canal,
p.-Leeds and Thirsk, New, :)1 dis c. a.-Ditto, Pre-
ferential, 11/8 p. - London and South-Western (scrip), 73
p.-Manchester and Leeds Extension, 1 3 16 p.-North
-O
Bri-
tish Extension, 1 p.-Ditto, Thirds, 31A p.-North Stafford-
shire, p.-North-Western, %p. ldham Alliance, %c.
p.-Sheffield and Manchester, Quarters, No. 3, 31/2 p.-
Shrawsbury and Birmingham (A), 214 p.-South-Eastern
and Dover, No. 4, % c. p.-West Riding Union, 1% p.-
York and North Midland, 1014 p.
LEEDS, DECEMBER 18.
STOCK EXCHANGE.-The sales are-East Lancashire, New,
31,4 p.-Ditto, New Scrip, 1% p.-East Lincolnshire, 12s.
&I. p.-Glasgow and Dumfries, 1% p.-Huddersfield and
Manchester, 31. 19s. p.-Leeds and Bradford, 45 p.-Leeds
and Dewsbury, 1014 c. p. c. n.- Ditto, Half Shares, 51
p. c. n.-Ditto, Branches scrip (blue), 3 p.-Ditto, Exten-
sioas scrip (green), Ijs p.-Leeds and Thirsk, 2 c. dis.-
Ditto, New, 1 dis. c. n.- Ditto, Preference, 21s. p.-Man-
cheater and Leeds, Half Shares (late Huddersfield and Shef-
field), 41% p.-North British, Thirds' 3 p.-Ditto, Quarters
(late Carlisle Branch), 2% p.-Ditto, Extension (scrip), 20s.
6d. p.-North Staffordshire, 31,4 n. p.-North-Western, 10s.
p.-Sheffield, Rotherham, and Goole, 19s. p.-Wharfdale
Junction, 7s. c. dis.-York and North Midland Extension,
1814 p.-Ambergate, Nottingham, and Boston, 2s. 6d. dis.-
Leeds, Wakefield, and Midland, 11s. 6d. dis.-Liverpool,
Manchester, and Newcastle Junction, 3s. 6d. dis.-London
and York, ss. n. dis.--Northern Counties Union, 114 dis.-
Shropshire Union, 53. dis.
HULL, DECEMBER 18.
STOCK EXCHANGE.-Our market to-day has not been
quite so active as yesterday, and North British stock declined
slightly. Our other quotations remain almost without alter-
ation. The sales are-Hull and Selby, Halves, 52% North
British, Quarters, 785.-Ditto, Thirds, 21. 18s. 6d.-York and
and West Riding,
Newcastle, Preference, 5 p.-York and North Midland, East
171/2-Ambergate, Nottingham, and Bos-
ton, 3s. dis.-Ely and Huntington, 131/2.
STOCK EXCISIAIINEGEF.F3ErhLeD,
sDalEecszsairnetßEßliBrm.
ingham and
Oxford, 75/8 p.-East Lancashire, New, No. 2 (late Orms-
kirk), 31/2 P.-North British, Thirds, 565. p.-Sheffield,
Rotherham, and Goole, 17s. c. p.-South Yorkshire, Don-
caster, and Goole, par.
YORK, DECEMBER 18.
STOCK EXCHANGE.-The sales are-Ipswich and Bury,
101/2-London and York, 2/. 4s. 6d.-Newcastle and Ber-
wick, 34%-North British, Halves, 16-Ditto, Thirds, 3/
195.-Ditto, Quarters,3/. 172.-llitto, Extension, I/. 133. 6d.
-North-Western, 31. 33.-Sheffield, Rotherham, &c . 314-
York and Newcastle, Preference, 7-York and North Mid-
land, Preference, 123/
8.

This is an outline of the defendant's case, to which the
defendant pleaded the general issue, and that he was not
indebted.

A great number of witnesses were called in proof of
these facts, and to show that the charges were fair and
reasonable. The majority of them, however, stated that
the transaction was of such an extraordinary character,
and so much out of the usual nature of Customhouse
business, that they could not give a definite opinion as to
the charges.
Mr. Sergeant CHANNEL, OR behalf of the defendant,
said his client had no pecuniary interest in the present
action ; but he had a duty to perform, as the only acting
English executor of the deceased, Mr. Dunn. That
duty prompted him to resist the claim, which he con-
sidered exorbitant a.:l‘l uncalled for. With regard to the
brokerage, he maintained that the plaintiff had done
little or nothing to effect the passage of the goods through
the Custom-houso, but that it was mainly done through
Mr. Langdon, the curator of the exhibition, assisted by
Mr. Gurney. At the outside, all that Mr. Hall
cs.uld cl_ im was the ordinary Custom-house agent
fees, not the extraordinary charge he had
made. On the matter of the commission charged
on the bonds executed as security to the Treasury
for the re-delivery of the goods, he submitted that
the sum of 5001 was monstrous. lie would say nothing
of the commission on the first bond, which was 1001., but
he protested• altogether agsinst the four subsequent
commissions. The renewal of the bonds followPd as a
matter of course, and the first commission, he contended,

extended over the whole period the security was given,
the bonds being treated as one continuous security.
This was the usual course of Custom-house business, the
only charge beyond the first commission being some fees
to the cflicers fur the preparation of the renewed bonds.
The Learned Gentleman also objected to several other
items claimed, which, he stated, were paid in the lifetime
of Mr. Dunn.

The jury, having retired a short time, gave a verdic
for the plaintitT—Damages 991. ss.

COURT OF BANKRUPTCY, Dec. 19.
IN RE JOB ELLIOTT.
This bankrupt, who had carried on business as a ship
smith, in Beer-lane, Tower street, City, came up for his
certificate.
The bankrupt passed his last examination about twelve
months since, when the Learned Commissioner with •
drew the protection, and gave him very little hope of
ever obtaining his certificate, on the ground that he
had made an assignment of his property, to the preju-
dice of his creditors, and that he had not kept a cash
account.

A great many witnesses were then examined, and the
corroborative points spoken to by the Learned Counsel
were established, but the details would occupy several

Mr. DUNCAN now appeared on behalf ei the bankrupt.
He said he did not attempt to exculpate him, but to ex-
tenuate. The Learned Gentleman here stated several
circumstances calculated to extenuate the bankrupt's
conduct.

The L?arned COMMISSIONER, in giving judgment, said
that he wished it to be undentoood that in all cases
where there was a preference given to one creditor, or
where books were not kept, he would always ma. k them
with severe censure. Under all the circumstances, he
would suspend the certificate for six months, without
protection.

SHERIFFS' COM?T, Dec. 19.
BOLTON V. LOVF.JOY.

,
[ADVERTISEMENT.]--A CURE OF A BAD FOOT AND
ANKLE BY HOLLOWAY'S OINTMENT AND PlLLS.—Extract of a
letter from N'ssall, New Providence, dated August 11, 1346.
„To Professor Holloway—Sir, It gives rue mach pleasure in adding
my testimony to the many who have been cured by Your ia"ltiabl'
Pills and Ointment. For a long time I suffered with a diseased
which at last got so bad as to spread all over the foot. I
applied a great many remedies, but I never found any relief until I
used yours, which soundly healed it in a short period. I am now as
well as ever. (Signed)
Sold by all druggists,
and at Professor Holloway's Establishment,
224, Strand, London. "J. F. ATTENBURROW, Veterinary Surgeon."

This was an action to recover the sum of 7/. 104. for
goo.ls sold. The plaintiff is a zinc merchant, at Ham-
mersmith, and the defendant, is a smith, at Turnham-
green.

- Mr. Rubinson appeared for the plaintiff, and Mr.
Timms for the defendant, who pleaded that he was not
indebted.

It appeared by the evidence of a Mr. William Bolton,
who is no relation, but a neighbour to plaintiff, that he
was present when the goods were ordered, and that he
delivered them, and afterwards demanded the money.
and promised to pay. The witness was cross-examined,
with a view of eliciting that the business belonged to
the defendant's uncle. The witness said, he could swear
it did not, for he (witness) had carried on business in the
same shop, and when he took the Ship public-house, he
let the shop to defendant. Another Witness was called
who was in the habit of making up the books of the de-
fendant and the last witness, and knew that there were
no one else in the business besides defendant.

The Courner
of Lyons of Monday states that There
was a heavy fall of snow in the preceding night, which
froze and became so slippery that several persons fell and
had broken limbs.

BRIGHTON COLLEGE.—The New College at Brigh-
ton is to be publicly opened by the Bishop of Chichester,
the Patron, and the Earl of Chichester, the President, on
Tuesday, Jan. 26. The Rev. Arthur John Macleane,
B.A , cf Trinity College, Cambridge, has been appointed
Principal of the New College, and the Vice-Principalship
with the Theological Tutorship. has been conferred on
the Rev. Henry Cotterill, M.A., late Fellow of St. John's
College, Cambridge.

THE SU-g3 LONLION, MONDAY MORNINcI, DECEMBER 211 H 46.