The Sun.
London, England, 1846-12-10 00:00:00

-- -
MARKET NE «'S.--(THIS DAY.) This was an action brought by the plaintiff, Montague
aAy wiravocaTs. 1 Levi sun, ik diamond merchant, to recover compensation
3153
Hav, 21 8s to 4/ ; Clover ditto, in damages for a violent assault committed by the defen-
to 51 *Vera e ; and Straw, 11 lb; to 1/ 13s per load. A full dant, Mr. Zadoc Aaron Jessell, also a diamond merchant,
c g supply and a sluggish demand.
ditto I:Mtolerabbetween two and three o'clock in the afternoon, upon
EsuseaND.—Meadow Hay, 2/ 10s to 4/ 2s; Clover, the 23d of April last.
Se~ply
to 4/
good, an and
trd Straw, 1/ lOs to 1/ 14s per load. It appeared from the evidence of the various witnesses
lyade firm. who were called, and the opening statements of the
dit, IRTEciutrzL.-111eadow Hay, 21 5s to 47; Clover
130t11)' 31
5s to 5135; and Straw, I/ lOs to 1/ 13s per load. Learned Counsel, that the assault complained of was
Hay and Straw moved off slowly, at late rates. committed in the immediate neighbourhood of the
3 04 AM, DEC. 9E.Lord Mayor's Court. The defendant was a young
111 x
•±BTeelYlf, fromARtEITOrSI t.o 4s 4d ; Mutton, and active man, as compared with the plaintiff,
per Blbst 5s 4d; Veal, 4s to 4s 8d; and Pork, 4s to 4s 4d and he was seen to inflict several very severe
Art blows in rapid succession upon various parts
pricegET-1 DEC. B.—We had a slow trade to-day, and of the plaintiff's person, but more especially directed
to not supported. Beef, from 3s to 4s 2d ; Mutton, towards the head and face. The plaintiff was not seen
per Ibs. 53 2d; Veal, 4s to 4a Gd; and Pork, 4s to 4s 4d by any of the witnesses to strike the defendant
CuteßEsr ,
en DEC.—There was a fair sale fu upon any
wasccasion: At the conclusion of the at-
-8 t 3 r and Sheep, otherwise the trade was dull. Beef, from the best, tack the plaintiff carried away a fainting state,
to 4s'Gd a „
into the. passage of
.the Lord Mayor's Court, where he
4s 2d; Mutton, 33 10,1 to 5s 4d ; Veal, 3s 10d
Cale; and Pork, 4s to 4s 6d per Sibs. Suckling was seized with violent hysterics, his right eye. was
8,,e39 18s to 283 • quarter-old St9re Pigs 16s to 19s each. blackened, his left eye had a puff under it, occasioned
so„d'aUTHALL,D'ZC9. 9.—We had. a large ;aii,plvi,f stock on sale by the effect of a severe blow. His foreheed exhibited
drop Generally speaking, the demand was heavy, at several marks of blows, as well as his cheeks, and blood
a, 8,1,
to prices. "ut Beet; from 2s 8d to 4s 2d ; Mutton, was flowing profusely from his mouth. One of his
816 s, 5A ; Veal, 4s to 4s 6d ; and Pork, 4s to 4s 8d per teeth was also knocked out. Prior to the attack several
RO3,lPe of the witnesses stated that a great deal of angry !mi-
ttens, 71n, DEC. 9.—There was a fair sale for the primest guage was used upon both sides, arid the plaintiff made
slittle ~,,astkll Prices. In other kinds of stock exceediegly use of the expression, " I send 3on to Coventry."
" Pja doing. Beef, from 2s Id to 4s 2d; Mutton,
44 rd to 5s 2d; Veal, 3s Gd to 4s 6d; and Pork, 4s to It appeared that both of the parties were going to-
Per Bls. Skling Calves 18s to 30s ; and
(14'Irter-old storbe Pigs,uc 16s to 20s each. gt ther to the Bankruptcy Court. The plaintiff carried
on business as a diamond-merchant. and the defendant
These"IWGII.TE AND LEADENBALL. was assignee to the sun-in-law of the plaintiff.
ashic, markets were well supplied with each kind of meat Mr. MARTIN, in his address to the jury, complained
to 3;!0.1d slowly on the following terms :—Beef, from 2s Gd that no evidence respecting the origin of the transaction
1111(1 ; Mutton, 3s 6d to 4s 6d; Veal, 3s Ed to 4s 8d; had been brought forward on the part of the plaintiff.
urz, 38 6d tk. 4s 8d per 815 s. by the carcase. If such had been done, the jury would have had be-
fore them the fact of very great provocation on the part
of the defendant, and that the assault committed by the
plaintiff—what he did not for a moment mean to deny—
was committed under the excitement of very great pro-
vocation.
The LORD CHIEF BARON, in summing up to the jury,
said that the present action was brought to recover com-
pensation in damages for an assault upou the plaintiff.
The first plea was, that the assault was not committed
by the defendant ; and, secondly. that the defendant
was only defending himself from the assault of the plain-
tiff. Upon both of these issues it would be their duty to
find a verdict for the plaintiff. From the evidence which
they had heard, it appeared that the first blow was
struck by the defendant. The language of the parties
appears to have been very strong ; expressions were
made use of which, no doubt, were very offensive. It
was much to be regretted that persons in the situation
of the parties should have recourse to the use of lan-
guage so offensive as that appears to have been which
was used upon the occasion complained of, and
still more, that the d, fendant should proceed
to the brutalising and degrading practice of inflicting
blows upon the plaintiff by his fists. It was a practice
always to be reprobated. Under all the circumstances
of the case, it would be for the jury to find a verdict for
the plaintiff. It would be for them to say, in the ex-
ercise of their duty, what amount of damages the plain-
tiff was entitled to receive at the hands of the defendant.
It appeared that the injuries which the plaintiff received
were, at the moment, very severe; the plaintiff seemed to
have suffered very considerably from the attempt made
upon him by the defendant. From the evidence of his
medical adviser, it appeared that he received a blow upon
his right eye, and also one upon his left eye; he suffered
considerably from another severe blow on his cheek, and
his mouth was much injured, and a large quantity of
blood flowed therefrom ; he further stated that,
in consequence of the effects of the blow. a tooth was
obliged to be extracted, the plaintiff was removed
very much agitated, and some relief was afforded
to him in the Lord Mayor's Court by the
application of cold water and other restoratives.
Upon his arrival home it appeared that he sent for his
medical adviser, and although no bones appear to have been
broken, yet there was no doubt that the injuries were
very considerable. With reference to the arguments of
the Learned Counsel for the defendant, that the plain-
tiff ought to have given evidence of the circumstances
which gave rise to the hostile collision. In his opinion
the case would have assumed a far more serious aspect
if such a course had been adopted, and if it had been
shown that there was anything like malice or ill-fivling
rankling in the breast of the defendant towards the
plaintiff. The only question, then, for the jury to
decide, would be the amount of damages to which the
plaintiff was entitled.
The jury immediately returned a verdict for the plain.
iff—Dam ages, 30/.

MIDDLESEX SESSIONS
(THIS DAY.)

Richard Brugge was indicted for a riot and assault on
the 17th of November last, under the following circum-
stances :
The defendant was the proprietor of a beer-shop,
called the Prince of Wales, in Hyde-place, Iloxton, ad-
jacent to which was a piece of unfenced ground, belong-
ing to a lady named Price. This the defendant con-
verted into a skittle-ground, Mrs. Price, from some
cause or other, taking no steps to prevent the occupa-
tion. Some time after her death, her son brought an
ejectment, and possession having been taken in the usual
form by the sheriff, the ground was given to a person
named Warford, the prosecutor in the present indict-
ment. Upon possession being taken by Warford, the
defendant, followed by a mob of about 200 persons, en-
tered the ground and attempted to dispossess him, during
which the utmost disorder and rioting prevailed, and the
prosecutor was knocked down. The mob was supplied
with several gallons of beer by the defendant, who cheered
them on.

Mr. O'Brien addressed the jury for the defendant.

The jury at once returned avetdiet of Guilty, and
The ASSISTANT JUDGE said they could not allow this
country to be made subject so a species of lynch law, like
that attempted by the defendant, and he should, therefore,
order him to pay a fine of 101. to the Queen, and to enter
into his own recognizances in the sum of 401., and to
find one surety in 201. to keep the peace for the next
twelve months.

Thomas Wakeford was indicted for assaulting James
Brown, one of the toll-takers in the employment of the
trustees of the Commercial-road turnpikes.
The facts of this case have been so recently reported
in The Sun, and the general feeling of the inhabitants
in the neighbourhood of the Commercial-road on the
subject of some of the tolls demanded along that line so
fully understood, that it will suffice to state the indict-
ment in the present case rested upon an alleged assault
committed on the toll-taker at the bar at America-street.

/IteIVY COUNCIL—(THIS DAY.,
ki„. judicial Committee of the Privy Council sa,
1,47:11 t
o-a
0, 437 to hear the further arguments on the
ru appcal lli from the Chancery of f
t 0, ,
-..EEN s PROCTOR V. THE SoLICITORYork—o OF THE
kr. j DUCHY OF LANCASTER.
klpona 431E8 PARKER opened the case on behalf of the
me:"-`ellt, and occupied their Lordships the whole
ine.

The prisoner having pleaded Guilty,
Mr. WYLDE, who appeared for the prosecution, said,
as the prisoner had pleaded guilty, and thus afforded an
example, which was all his clients sought, he should not
press for anything beyond a nominal penalty.
The defendant was then fined Is., and discharged
with a caution.

11, CHANGER Y —(TH IS DAY.)
VaTe 41, I'd Chancellor did not sit in his Court in the.
beiop-sue, Lincoln's Inn to-day in consequence of their
ihip'''.°4l3' One appeal set down for hearing. His Lord-
bi,Pc„te to-morrow, and on Saturday the. case of Mr.
' °olabre is appointed for hearing specially.
Vlree.
-`l-E,-CHANCERY.—(THIS DAY.)
(13ei
gis ore the VICE-CHANCELLOR of ENGLAND.)heard
elitists tlin.,neur the Vice-Chancellor of Eng an
%tee b°i'ultY, but nothing calling for a particular report
'Ore his Honour during the morning.
QUltex,
( ~;,'A'S BENCH.—(THIS DAY.)
Vltt -13-.°N Mr. Justice ERLE and a Special Jury.)
14T
BIRMINGHAM, OXFORD, AND BRIGHTON
teelol4le. ATMOSPHERIC RAILWAY.
the reeler" OD ANOTHER V. BLUNT AND OTHERS.
✓ ~ ick Thesiger, Mr. Montague Chambers, and
`deelE‘'....l.ettrned Gentlman for the plaintiffs ; Mr.
1 This • 4,, Ned Mr. Peacock were for the defendants.
of
pt/. f." an action brought to recover the sum
ert.getieet work, labour, and money expended by the
Caletee.„-3 ,under the following circumstances :—The
~,,-* on-; Ca der
Stopford Thomas Jones, civil engineer,
'l• ltie-f," °f the registered promoters of the above-
te "ed railway. a Mr. Thomas Nyas, solicitor of
-eau,
court, Was his coajutor. The plaintiffs, it ap-
qtee.."°°k offices in Moorgate-street, paid for a pre-
1/414tret•joti8,,u!vey,and the other expenses incidental to the
417ertsti„"u or a railway company. The defendant Mr.
opn "'at, and the other defendants, Mr. Denesey
era "Ilher.Thompson, Mr. Benjamin Davis, and
„,_"`e „„tuno members of the mauaging-com-
ektmelte-gte . agreed, on the 9 of October,
talti Ptaintiffs 2,0001., and to allow them the option
the ue
2' had ?eSOO shares in the company for the expenses
to to ureed in promoting the company. They
i Ltkhice
s tile', ePt those terms, but had been unable, up
i li th ,to obtain the fulfilment of the contract into
,
t.,letli dent/tatreedants had entered into with them. The
hoe eade, had placed several plans on the record, bat
%Zed el obe alleged that the contract had been ob-
ieth-Matit-odt°ugh fraud, which Sir Frederick Thesiger
fee" It 0061,„, ite one of the most scandalous ever brought
-"loin -` of justice. He then proceeeed to call the
)41ThottgilaWitnesses in support of his case:—
Itult,4B th.j/Igee, examined by Mr. CHAMBERS—He saidf
te' ue - aun of Mr. J. Biggs, who died on the 26th o "001 k'ber
kit„ 'Wick •,Ife was a practical engineer, and lived. at
Ikrtil or Aug tie was engaged to make a survey in
.the
thLue erst was year, for the purpose of surveying
I:lford,:a...il,Way from Birmingham,. through Henley,
tiii7egtt i!lu so on to Brighton, by the plaintiffs.
. fordtloll.oftitn Pritchard, a clerk in the Railway Regis-
the *lied /17_,, Proved that the Direct Birmingham, Ox-
-11,0 *lied
ot r'lghton Railway Companyregistered on
eptuotert ‘'etober, 1845, and read was
the description. The
tei, Thotovvere Stopford Thomas Jones, C. E., Cornhilel
eillN' fe." Na'as, solicitors, Copthall-cnurt. Th
4.'14 e;" or 5/. was paid. On the 12th of September
ib,.eiter,il.4o received, requesting that the !""eoxmfogrd,
tou teh the Direct Birmingham, Reading, , , A
iiketel tun Atmospheric Railway Company. '
tea book also supplied.
the NI Or the RS handed to the Master, who read the
yle 2tneet.. provisional committee, and the list of
Plii74 'tad- of the company. It was signed Thomas
titiltilimi exaplained the object of the line, and that a
Nee:3_4, urvey would be made. The capital WAS
Itti ts. 07 be 2,000,000 L The London solicitors were
114° tlefektPaßTk, Smith, and Co., Bedford- i,Lwoenrdeoini;
kt.egister_n•t s name and the defendantsottre:l
v reistrations took
'la or_.," PrOSpOCtuss. peramesmight be added.
.2 n„ , viler that additiees .io mat pi.
d upwards of 100 provt-
Ilal coprospectus ooritatue
44 nrnitteernen.
411i4 "'lles Coppock, solicitor, of
Sped by Mr. M. Cetamees—lle said he was a so
.1-
Cleveland-row, cait.-
%th :lerld -Parliamentary agent, and that he had acted in
'eat b-me3e capacities for the railway in question in July
to; °E.tr. Ile knew Mr. Nyas and Captain Jones. The
, 3 In Moorgate-street were extremely well fitted up.
Nx_cotatnunicated with Solicitor in Birmingham and
cake !-84>t13,11-.7l(eynseowf ttlatiittlhee. late Mr. Biggs was engaged to
itp to act for the comps
it 7 .to h lb, and he correed a few of them. He conti-
a:Je brought some of the sur-
wll- Ile euntil September, when he lakmish a
_a employed Mr. Wyld, the map engravtere,
iit'eatising magePntlor the company, and Mr. Barker, h
, to advertise the company. He saw
kg' 43es fre
4, PrieeevquentiY, mei he might say Mr. Nyas was
Pehetiee,or 4 . lie received instructions about the
kit towoe.ns either from Mr. Jones or Mr. Nyas.
thtc„, _ clerk either
Birmingham and a solicitor at
,ktit,l4.,_wuere.to have been concerned with him, if he
tiradeiii°ltte,th'it`tue n its service ; but he had a good deal to
1,4t,t Ile eo , More than he could do, and he found
itlettfied that not give it the time it required. He was
11,441 red, 1.t,, Mr. Nyas would discharge all liabilities
too aid 44.,,4, had not believed it a legitimate scheme
tid;kete ut nave had anything to do with it, and he
red 2 Pains to ascertain that it was so. He con-
%''os•
'°°°/ at h ' •
key -s-exa . t e time a very moderate sum.
et,4rereon
an
by Mr. CoCKBURN—Had not received
iht timed elation for his trouble ; in fact he had not
Aelprepat:tuY, as he did not continue in the service of
tlidd be 43;.:- lie could not say whether 2,500 shares
t 1 „,,,,:tr
Fompenhation, because everything Ghee tette'Ll their value in the market. He should not
i" 4 shares nor have got up a company for. the
1,!110; °f obt • •
4% -41fe for aintne shares. He should not have given
toox4oli the shares.
Itee,lted to/I°ll by havef. CHAMBERS Mr. Biggs
th.Y "In' totaken pains in making the
/1444,1102 en
tbae of - 8441 he b
the 1. became one of the provisional copa-
tl44,lh,
to nee at the latter end of August, at which
t-94e inee meat
had offices in Moor ate-street. He
ite-,he iar:.t that time that Mr. Jones and Mr. Nyas
itetvieteet;-
and of the railway, and that Mr. Blunt,
ha10;441%t0; ivtld Mr. Thompson, members of the
eolpl7. The offices had been obtained, clerks
titTM the ex tind a survey had been made by Mr.
4 ontioetey wereekeerneces were defrayed by l thme
atipaagiend
killed to etiteying
li the
day, and general
otto righton andi he 9th of October. y.They tra-
cll ?,i Ame tiu other places in the service of the
t 0? 0041,01.41UnteoenfitZ held on the 9thttlaOtcotocbcears,ioant
tl:43,lting conesirrattred tthlittet elhsaiOrta.,nwith the option
St 'll:vouuld be sufficie"'llbers of shares in the corn-
i., nt,laintiffs er:„ ~t compensation for the labour ;
. • t„. 5.."1 thA . -"seered that they were entitled to
Rae egea e ' '-'3ultnitt to pay 2 0001. with
),t eti
to o, takin
,ee agreed
%ttl 111, that Offer, g 2,000 shares, and the plaintiffs
Opt., ootnna„.. %and to relinguish their connexion
'144'1 had': "! after that date. The shares of the
Nll4 °Etabi:e'n Issued • It existed, and was likely to
the% 40! r e°hlPany
ilk .},,,p),a,,,i,,ed bexactiy.
they toes,. If th Y Me. COCKBURN—Had not paid up
the " a likre TmnPanY were well managed, it was
ae
.. Diain„i ative
undertaking. Was not aware
i`1700;.! that trie had o little schemes on the
ore fallauic,
artil He had shares in a great nun bar
111 44 °,* that vrat tiMe; possibly in twenty or thirty.
t,i/Illt Z‘eotb --,-1•• Nyas had offices in the same house
1,1114
~14 no, ?UV, With which he was connected. Mr.
,itityq_ot I)s:,'N' at the meeting in question that they
esty Ito!lleh ft,, the plaintiff's demand, or they could not
sliell terin,4.4
Shares he had taken up, nor the money
Zell,
411410„, The money he paid was his own. He
tllmPteLli it mast°betw amount he had signed contract-
toktil, tel '''bt at something very considerable. He
4,441,041 d
be meeting, in consequence of expecting
I'Ztet)'„ pith t.apPlied to to be joint secretary to the
ii,"4",r, es te Rayner. He was now glad he did
tie'te,,ttles 1,1! eumPany had been badly managed. .
1411114..etiatit:o,eglas Hamilton Hay examined by Sir
ktbZogg eom_!le said he became a member of the
eZeddllekheltuttee on the Bth of October, on which
t• 104 e tc4!' of that committee were nominated. He
eet t_teted l'ing on the following day, the 9th. Ile
%I,l4tipeet generally the evidence of the last witness
1'4.4. tet eo '9 the contract with the plaintiff. The
11144414 otie, at:l:tiered that the amount agreed upon was
%11,ehr the firthsY had paid all expenses up to the
dt k I:4 to er prospectus, and which that sure was
kfttey thee:43'er. He had not paid up the shares he
Ith,tot,t°llo4,,tNlllY, nor had he been called upon to
eel it Pee 3.. of the 2,0001. or the other expenses of
'St_ tie had Most likely he should have been so called
(-e?,3' le 7,..,_n0t been compelled to withdraw from the
(The c._ut_sequence of indisposition.
k -"" was proceeding when our report left.)
lito e
ti
....
ktl4 thin t"'QUER.—(THIS DAY.)
114se LEVYSON V. ZADOC AARON JESSELL.
ikt4
fir thellir. S, e.rgeant Wilkins and Mr. Simon ap-
Ueati%%A for
th 1'441141ff e
;d e Mfr. Martin and another
endant.

A number of indictments against individuals, most of
whom were either Italian or French, for keeping dis-
orderly houses at the West-end, were heard, and the par-
ties allowed to stand out upon their own recognizances,
on consideration of their abating the nuisances.

SURREY SESSIONS.—(THIS DAY.)
John Bart, aged 38, was indicted for stealing two
pounds of beef at Epsom on the 29th of October, and
sentenced to three months' imprisonment, with hard
lahour, in-B,iAton gaol.
Maria Reed, aged 25, and Joseph Smith, aged 40, were
indicted for stealing, on the 29th of October, four silver
spoons, and one German silver one, at West Horsley,
the property of Henry Whitbourn. The prisoners made
a long rambling defence, but the jury gave little credence
to it, and found them guilty, and they were sentenced to
six months' imprisonment, with hard labour.
Ann Elliott, aged 40, was indicted for stealing a silver
spoon at Croydon, on the 31st of October. It appeared
that the prisoner had presented the spoon to pledge,
when she was stopped by the pawnbroker and handed
over to the police. After some days the owner of the
spoon was discovered; he identified it, and the prisoner
was committed.
The prisoner, on being called on for her defence, ad-
mitted that she had taken it but not with any felonious
intent.
Mr. Beck, the owner of the spoon, at whose house the
prisoner was employed as a charwoman, gave her an ex-
eellen; character for honesty, and
The jury brought in a verdict of Not guilty.
Benedict Robert 21ohun, aged 24, was indicted for
stealing a sheep, the property of Mr. King, of Bromley,
on the 11th: of November. The chief witness against
the prisoner was one of the rural police, who going
along the road near Bromley, saw the skin and entrails
of a sheep lying near one of the fields in the occupation
of the prosecutor. Mr. King immediately identified the
skin, and accompanied the constable to ascertain what had
been done with the carcase. On reaching the spot where
the skin had been lying, they perceived the wheel-tracks
of a small cart, and the foot-marks of a pony or don-
key, which they followed for four or five miles, on the
road, when they came up with a small van, such as is
generally used by travelling tinkers or dealers. In this
there was a fire, with a joint of mutton cooking over
it, and underneath the axle tree they discovered the
carcass of a sheep minus the joint that was over
the fire. The constable immediately apprehended the
prisoners.
The jury, without hesitation, returned a verdict ',of
Guilty, and the prisoners were sentenced to ten years'
transportation.
John Wm sfold, aged 31, was indicted for stealing a
pony mare, the property of Mr. D. Reece, of Kingston,
on the 16th of November.
William Jones, a dealer and driver of Welsh ponies,
who had identified the pony, stated that on the day in
question he lent it to a couple of lads, the sons of
neighbours, for a ride. They returned without it,
and he subsequently found the prisoner upon its hack. He
immediately endeavoured to take possession of it, when
the prisoner struck him a violent blow on the head, which
nearly stunned him. Ile, however, persevered, and with
the assistance of one of his men, notwithstanding violent
abuse, took possession of the pony. The prisoner was
afterwards seen at Kingston, when he denied that he
was the person accused, but afterwards admitted that he
was, and asserted that he took the pony in a lark.
The prisoner, in his defence, stated that instead of
having stolen the pony, it had been lent to him by the
boy who had it at the time.
After a brief consultation, the jury returned a verdict
of Guilty, and the prisoner was sentenced to ten years
transportation beyond the seas.

COMMON PLEAS.-(THIS DAY.)

PAPANICOLAS v. ABITDOL.
This was an action brought by a gentleman of the
name of Papanicolaa, to recover from the defendant, a
sharebroker, 451., being the difference between a sum cf
money lent by the latter on 200 Madrid and Valentia
railway shares, and their market value, on the 30th of
April, in the present year. From the statement of
Counsel for the plaintiff, it appeared that early in this
year the plaintiff was in want of money, and in order to
realise a sum he deposited the shares in question with
the defendant for the advance of 1501., with the under-
standing that the money should be repaid with interesi
on the 30th of April. On that day, about two o'clock,
Mr. Al ullins, of the firm of Bush and Mullins, of St.
Mildred's-court, called at the defendant's offices and ten-
dered the money, which was refused on the allegation
that the tender being made after one o'clock, according
to the rules of the Stock Exchange, the shares were for-
feited The defendant retained the shares, and hence the
present action.
Mr. Sergeant Byles conducted the case for the plain-
tiff, Mr. Humphrey s fur the defence.
Evidence having been called to prove these facts,
Mr. HunirunErs was proceeding to address the jury
on the alleged rule of the Stock Exchange under which
the contract was made, with the object of showing that
the money not being tendered before one o'clock the
shares were forfeited, when
The LORD CHIEF JUSTICE decided against such a
defence. There was nothing in the contract itself, or
the evidence, to warrant that supposition ; and as the
issue in the pleadings was raised on this point, unless the
Learned Gentleman had evidence to offer in support of
it, the verdict must go for the plaintiff.
The Learned Gentleman intimated that he was not
prepared to offer any evidence on the point beyond what
was in possession of the Court.
Under his Lordship's direction, a verdict was then
given for the plaintiff for 45/.

GUILDHALL.—(THIS DAY.)
A middle-aged man, of respectable appearance, of
dark complexion, with bushy black hair and whiskers,
and of rather low stature, was placed at the bar before
Mr. Alderman Sidney, charged with several frauds upon
tavern•keepers and confectioners in the City.
The prisoner, on appearing before the Magistrate, in-
dignantly refused to give his name or address, and
insisted that the complainant could only claim debt
against him, and protested against what he called the
illegal conduct of the inspector, in locking up a respect-
able man like him all night, in company with " bad
characters," in a station-house.
The ALDERMAN proceeded to hear the evidence
of Mr. Inglis, the confectioner, in St. Paul's Church-
yard, corroborated by a young woman in his service,
that in the course of yesterday the prisoner feasted
sumptuously at his house, upon mock turtle-soup and
other minor refreshments, and was afterwards walking
off without payment, saying he had no money, and must
have credit for his cheer until some other day. This
not being acceded to, he said boldly that the young
woman who waited on him in the first instance had
agreed to give him credit. But Mr. Inglis at length
gave him into custody, and money more than sufficient
to pay being found upon him, the charge of fraud was
eventually taken.
Mr. Bailey, of the Sun Tavern, Ludgate-hill, the pro-
prietor of the Goose and Gridiron, in the same neigh-
bourhood, and Mr. Goodwin Cannon, of the Punch Ta-
vern, 99, Fleet-street, recognised him as the perpetrator
of similar victimising feats upon themselves.
After hearing a good deal of evidence of the same
character, Mr. Alderman SIDNEY asked the prisoner if
he persisted in refusing to give his name, for if that were
the case he should commit him as a rogue and vagabond.
The prisoner at length stated that his name was John
Simmons.
The ALDERMAN observed that he had on a previous
occasion given the name of Johnson, and that more re-
cently he had figured under the name of John Smith.
The case concluded by the prisoner being committed
for two months.

SHERIFFS' COURT.-(THIS DAY.)

BUDD V. BIRD-FALSE IMPRISONMENT.

This was an action to recover damages for false im-
prisonment. The defendant suffered judgment to go by
default.
Mr. CLARKSON, who appeared for the defendant, who
is a widow lady, expressed her regret that she had
wrongly suspected the plaintiff, and she not only exone-
rated her in the fullest manner, but was willing to make
a pecuniary recompense, and himself and his Learned
Friend, Mr. Miller, who appeared for the plaintiff; had
agreed to a verdict being taken fur 25/.
Mr. MILLER briefly stated the. case, from which it ap-
peared that the plaintiff was a female servant to the de-
fendant, who is an old lady, 80 years cf age. In January
last she missed a Id note, and, suspecting the plaintiff,
give her into custody, and she was locked up in the
station-house all night. In the morning, however, the
defendant remembered what she had done with the note,
and the plaintiff was of course discharged. She had been
in most respectable families, and her character had been
to a certain extent affected; be was, however, glad that
the defendant now so honourably bore testimony to the
honesty and good character of the plaintiff.
A verdict was then returned for 25/.

POWELL V. Tt3IT.
The
a plaintiff in
captainffein this action
of a is
was brought to recover the sum of 51., for painting por-
traits of the defendant, his wife, and two children.
merchantman. artist,
an
The htehe action
de-
fendantOn the part of the plaintiff witnesses were called, who
deposed that the defendant had approved of the painting,
and had paid los. on account, and said he would pay the
other as soon as he received a sum owirg to him ; be,
however, subsequently refused to pay, on the ground that
they were not good likenesses.
Mr. LANE, the defendant's attorney, produced the
painting, which he pronounced to be a wretched daub.
The defendant had got no legs, the lady only one hand,
with three fingers, and appeared to be sitting on the
back of the sofa. Then there were the two children,
poor
little horrible-looking objects; the nose of one ap-
peared to be split, the boy's ear stuck out, andthwhich w
re lookediva
was a
like the handle of a jug, and the only arm
and
seen was like a stick stuck into the body,
an attempt to represent him in the act of writing on a
slate. In short, they all looked like a lot of cripples.
To compensate, however, for the deficiencies, the de-
fendant was favoured with a couple of large,
eyes, although he was almost blind. He would call an
artist of considerable experience, who would give
his unbiassed opinion as to the merits of the picture.
Mr. Orson was then called, and said there was not
one principle of art in the composition. Everything
was false, and everything looked mutilated and cut up.
There was some animal on the floor, perhaps intended
far a cat, but looked like a baboon without his behind.—
(Laughter.) He considered it to be of little or no value.
In cross-examination he said he had been a student of
the Royal Academy for about seven years. He was a
portrait painter.
Mr. THOMAS, for the plaintiff, said the portraits were
excellent, and everything in keeping. In the defendant
there was even an improvement on nature, for the plain-
tiff had thrown the most amiable smile into the coun-
tenance which any person could desire to have.—
(Laughter.) The children were also cherubs, instead of
horrible-looking little objects, and the likeness was true
to nature, and anybody could see whose children they
were, for they were like both the father and the mother.
—(Laughter.) Then there were copies of the pictures
in the room after Vaadervelde, Stancliffe, &c., and those
alone cut out were worth all the money. It was, as the
showmen say, not art but nature ; the water was real
water; a better slate could not be. Then there was
the glass of grog, the fruit, chairs, table, sofa, every-
thing to make it valuable as a scene of domestic
happiness and conviviality.—(Laughter.) As to want-
ing to see all the hands and the legs, it
was as bad as the gentleman who wished
for a sketch of his house, and refused to pay
because the artist did not show all the four sides.—
(Laughter.) As to the little boy's missing arm, there
could be no doubt, whilst pretending to write, he had
taken an orange, and was hiding it behind him.—
(Laughter.) It was all so true to nature, that taking
the defendant out of the painting altogether, and cutting
it in pieces, it was well worth the money.—(Laughter.)
The Learned UNDER. SHERIFF summed up, and left it
to the jury to say whether there had been an agreed
price, and, if not, what was the value.

MARLBRO'-STREET.----(THIS DAY.)
William Ruddle, a respectably-dressed young man,
was charged with entering the service of Edward Har-
rison, Esq., by means of a false character.
Mr. Harrison, residing at No. 9, Berkeley-street,
Berkeley-square, said the prisoner applied to him on
Saturday,on tm an thend
complainantB
tho
made fora
thesituusautiaolnas
f
in-
quiries, was referred for the prisoner's charac-
ter to George Foley, Lg., Trowbridge, Wiltshire,
ter. On the e
and complainantww7ntenabdyaythefoililenxwtiepgosthteor
rhe
ci se
vcehda r aacn-
d that he was a respectable
service three years, an
and that
complainant knew
nothing to the contrary.
Fa noal we
ye,r
andf rom
sat
apt ei
stating
gs o n
thatre p r er n. tni nugd,hiem sheal
df t o
beenbe G
ieno rhgi ea
;his service on Friday last. On
took the young man into
nt's absence, the prisoner
the following day in complainant's honest and industrious youngln
consequenceman
to wait at dinner.
and
complainant
applied to complainant's sister,wfrhoomlihveers,iantatthinegsathmae
house, and borrowed half-a-crownt
he wanted that to buy shoes with
This circumstance excited suspicion,
wrote to the clergyman of Trowbridge
whasiehMr.
he Foley. Complainant
i to as
received, certain from him whether there was such ;
person
letter
an
Rev. Mr. Hastings, the clergyman of the district. It
stated that no gentleman of rank and fortune, with that
cein answer then
to that, handed
from in
thea
name, resided in the locality, but that there was a per-
son in a humble sphere of life, but of a most respectable
younghc he ahraaed t
mane r,
aal
nlne
cad
amel
lehed Foley, d
him,llwhoiaanmd
R u
ascertainedd liveddi
e an respectable
Trowbridge;th at
h e knewpe r tsho anat,
but said that he had never written a character for him,
nor did he think his son George would do so,
but he promised to send his son to the cler-
gyman ; that the said George Foley, a banker's clerk
in Trowbridge, had called on him, and confessed that he
had written a character for Huddle, and that it was en-
tirely false. The cemplainant stated that the prisoner,
during the time that he was in his service, borrowed
from the cook all the money that she had got.
John Pickford said he kept the Old Parr's Head
public-house, Aldersgate-street, City, and that the pri-
soner had resided there in his house ten or fourteen
days about two months ago, and had subscribed himself
as William Huddle, Esq. ; that it was so written on his
cards, and stated that he had been in the wine and spirit
trade. He stayed at his house till witness asked him for
the amount of his bill, and then decamped without pay-
ing it. The witness produced a letter from the prisoner
to the person who had introduced him to witness, stating
that he (the prisoner) had got married a fortnight ago.
The prisoner declared his story to be true, and denied
that he had imposed on the complainant.
Inspector Whall said he had the strongest suspicion
that he had seen the prisoner in custody before, and
begged he might be remanded till some constables from
the different divisions could see him.

The jury gave a verdict for 303,, in addition to the
10s. already paid.

Mr. lIARDivIcK said the complainant had better bring

THE SUN, LONDON, THURSDAY EVENING, DECEMBER 10, 1646

it)me witnesses from Trowbridge against this day week,
and remanded the prisoner till that time.

JONATHAN IN HIS GLORY.
The Baltimore Sun contains some correspondence re-
lative to the late battle of Monterey, portions of which
seem to have been expressly written for quotation in
our periodical. As for instance—the writer is speaking
of the " Texan Rangers ":
" They were each armed with barrelled rifles, and, as
may be supposed, did great execution among the cop-
per-skins."
Copper-skins! Quite a sporting phrase. Who would
think the skins were those of human beings?
He then relates the following " incident,":—
" Colonel M'Cluuy, of Mississippi, the great duellist,
got upon the breastworks, waved his hat, and was in the
act of giving three cheers, when a ball struck him, from
the effects of which he has since died."
Universally regretted, of course, as the " great
duellist," an honour to his country.
" Samuel \V. Chambers, one of the rangers, or ' the
Delaware hero,' as they call him, deliberately took aim
with his tire-shooter,' firing with great effect, and
crushing the .Mexicans."
" .Bus it is impossible fcr me to mention all the nume-
rous incidents that occurred at the present time."
1,,t us correct what must have been an erratum in the
preceding paragraph. For" numerous" read " murder
ous:" such is the right designation of the whole affair;
and even Jonathan himself must admit " that's a fact."
—Punch.

EXTRAORDINARY SPEED !—The Princess Victoria
has just made a beautiful passage from Antwerp in the
almost incredible short space of nineteen hours, that is
one hour less time than the Antwerpen completed its last
voyage in, which we noticed in our paper of the 4th ult.
Captain Jackson, who has been commanding the Ant-
werpen, is now in command of the above vessel for the
winter ; he had as passengers Captain Parkinson and
family, J. B. Lawrells Esq., from India, Colonel 'Wil-
liamson, &c. The gentlemanly behaviour and great at-
tention the passengers receive from Captain Jackson
cannot be too highly appreciated.
KINDNESS TO AsitAtiszs.— It has been proposed by a
benevolent individur4ihe same, we believe, who held
the umbrella over the do; in a shower of rain—to pro-
vide the horse of the Duke of Wellington's Statue with
a nose-bag. The poor dumb creature will never want
for victuals, as there is generally a crowd of people be-
low who keep up a constant supply of chaff.—Punch.
ACCIDENT AT COVENT-GARDEN THEATRE.—ShOrtIy
before one o'clock this afternoon, Michael Kane, one of
the workmen engaged in the alterations at Covent-gar-
den Theatre, was found by some of his fellow-workmen
lying in the upper boxes in a state of insensibility, with
a heavy beam lying across his body. He was imme-
diately released from this position, and carried to the
King's College Hospital, where it was found that his
back was severely injured (supposed to be broken), his
head cut open, his collar-bone fractured, and his hand
frightfully mutilated. When he recovered his sensibi-
lity lie complained of pain in the back. It is supposed
that while he was at work in the lower gallery he step-
ped on a plank or beam which was loose at one end, and
fell with it to the upper boxes, where he was found.
One of the workmen, who was at work in the pit, saw the
plank fall, but did not see Kane, and was not aware of
the accident till after he was found.
WARNER WANTED.--Poor Mr. Warner was to
have received a large sum had his long range succeeded,
but this appears to have been quite out of the range of
all probability. He had long hoped for the oyster, but
he has now nothing left him hut the shell.—Punch.
ATTEMPTED SALE OF TITHES.—yesterday, Mr.
Farebrother put up, for sale by auction, at Garraway's,
the freehold rent charge, amounting to 5481., in lieu of
a part of the lay impropriate tithes of the parish of
Blaekawton, near to Dartmouth, Devonshire, issuing out
of, and chargeable on three thousand three hundred and
forty-three acres of productive land. The outgoings
amounted to 31/. 18s., and the poor and highway rates
amounted, upon an average, to as. in the pound. The
sum of 9,960/. was the highest offered, which was stated
to be below the reserved price.
BURGLARY.—Yesterday the police received infor-
mation that the dwelling-house of Mrs. Whiteman,
No. 9, Clarence-row, Camden-town, had been entered.
themselves with
goff a quantity
tThhee
cbounrtgelnatris ,
oaff t etrhpel elna
rt idfeurl,ly
Cr
ae gr
raileidn
of plate and a variety of other articles, altogether valued
at 4001.
AN APOLOGY.—The Austrian Government calls
the act of taking Cracow an "incorporation." For the
future, thieves should say when they are taken up for
stealing a pocket-handkerchief; " Why, my Lord, I
merely incorporated it."—Punch.
DARING ROBBERY AT THE CUSTOM-HOUSE.—The
searching and landing waiters, on reaching the office set
apart for their general accommodation, betbre proceed-
ing to their stations in the morning, usually change their
top coats for others of a less valuable description, the
nature of their duties being such, in many instances, as
would render good clothes useless in one day. At the
present time, in consequence of the great influx of
vessels, fruit laden, the pressure upon the out-door de-
partment is such that the office before referred to is not
visited again by any of the landing officers until the
hour of departure in the afternoon. One day last week
some person or persons took advantage of the unprotected
state of the office to enter it, and, having picked the
locks of the clothes cupboard appropriated to the use of
Messrs. Heath and Bernard, stripped them of their con-
tents. The thieves are supposed to have been disturbed
in their operations, as other locks had been tried but re
sisted their efforts.

Mr. Ex-Sheriff Laurie has issued an address to the
electors of the borough of Pontefract, offering himself as
a candidate at the next general election, in the room of
Lord Pollington, who has announced his intention to
withdraw from Parliament.

The Marquis and Marchioness of Lansdowne are
entertaining a select circle of friends at Bowood Park,
Wilts. The Earl and Countess of Shelburne, when the
last letters were received, were still at Rome, and, ac-
cording to their intentions, do not contemplate to return
to this country before March.
Viscount and Viscountess Palmerston leave town
early in the next week for Broadlands, Hants, and will
receive a succession of visitors there during the ap-
proaching festive season.
The Earl and Countess Grey are expected to return
to town to-morrow afternoon from Osborne House, Isle
of Wight. The Noble Earl will entertain his colleagues
at dinner on Wednesday, the 16th inst.
THE LATE RAILWAY MEETING.—WINDSOR, WED-
NESDAY.--Mr. J. I. Bedborough,
the mayor, who pre-
sided at the public meeting at the Town-hall on Mon-
day, having declined to put to a show of hands the peti-
tion to Parliament in favour of the Windsor Railway, to
connect that town and Eton with the Great Western
Railway at Slough, in consequence, as the chairman
stated, of the great majority of persons composing the
meeting not being, according to the terms of the requi-
sition, inhabitants of " the neighbourhood," the mayor
determined, in order to ascertain the feelings of those
who reside in the vicinity of Windsor on the subject,
that they should have a fair opportunity of giving ex-
pression to them. He therefore convened a meeting of
the inhabitants of the neighbourhood for the purpose of
signing a declaration against the petition to Parliament
moved and seconded at the late meeting, and during the
two hours the hall was open, both to-day and yesterday,
100 signatures were affixed to the paper against the
petition and four in its favour. Several of the clergy
and inhabitants of Eton affixed their signatures to-day
against the petition in favour of the Great Western
Railway.
FORTUNATE ESCAPE.--Yesterday afternoon Mrs.
Dixon, the lady of Mr. Dixon, proprietor of the horse
bazaar, Barbican, had completed some purchases at
Waterloo House, Charing-cross, and had Just resumed
her seat in her phaeton, when the horse took head, and
set off at a furious rate before the driver had mounted
the box. Fortunately the phaeton came in collision with
a coal-waggon, opposite Northumberland House, by
which the body of the former was detached from the
shafts. The horse, thus liberated, continued its onward
pace with the shafts dangling at its heels, until it reached
St. Clement's Church, where it was stopped, without its
injuring either itself or any person. Mrs. Dixon had
the presence of mind to keep her seat.
SUDDEN DEATH OF AN AGED OFFICER.—Yester-day, Mr. William Carter held an inquest at the King's
Arms, Carlisle-lane, Lambeth, on the body of Frederick
William Fische Nosse, aged 77, lately residing at No. 1,
Mount-gardens, Westminster-road. The deceased was
formerly a colonel in the service of the late Emperor
Alexander. He had also been a major in the Prussian
army, and had likewise been constituted Major de Place
in Brussels, to receive the hundreds of troops from the
battle of Waterloo, in which battle he had also taken a
onsmshoe,n ,al
onwodke
en dt
theret
hor
ocsulagowshe
tt
hthheee
w'in'dowst
tknni
itaocyrl.i.tneu-n.
prominent part. The circumstances connected with his
death were these:—On the night of Saturday last, about
tea minutes before twelve o'clock, a noise was heard in
the deceased's bedroom, and when a Young female.,
parties eng-
ons shutters um
thet etedrsE
deceased'sfmo for theelin eb night,ejdor ho
pparently in
die to be of an as-
nate gentleman lying on the rug before the firve.a
called for assistance, the female and ohteherilad
tered the room, when they found deceased, a
Prepared
an insensible state. Without loss of ti'.ne Mr. Berrel, a
wA'ais
r. called in,
Be r but notaid int rt
medicines for deceased during hi.s lifetime, which had
been prescribed for him by his own physician, and he
(the deceased) had told him that his disorders were a
sm surgeon,e a n
complaint of the stomach and affection of the heart. Ile
had not died from apoplexy, but it was certainly a na-
tural death. Verdict, " Natural death."
MARKET HARBOROUGH GREAT HORSE AND CATTLE
FAlR.—This great horse and stock fair commenced on
Wednesday, and there was a good attendance of gentle-
men and horse-breederrses s. Y
adapted to double harness
fetched from 26 to :30 guineas each; hunters of good
pedigree sold at prices of 40 to and 60 guineas; and
well-seasoned horses, adapted for hunting heavy coun-
ties, realised from 70 to 80 guineas; several pairs of
well-matched carriage horses, either bays or greys,
fetched 90 to 100 guineas ; good cover hacks fetched
from 20 to 24 guineas each. In the bullock field, fat
cattle sold off quickly at remunerating prices to the stock
dealers.
LATER FROM RIO DE JANEIRO.—The Kate, arrived
in the English Channel, has brought advices from Rio
to the 13th of October. There is no political intelli-
gence by this arrival. Freights to England 505., and
the rate of exchange 28. A French ship had been lost
on the coast.

BERKELEY v. EAMONSON.
TO THE EDITOR OF THE SUN
Sra,—The consideration to be paid the plaintiff in the
above cause was not 1501., as reported by you this day,
under the head of Barclay v. Emerson, which should read
as above, on Frederick Hewitt Berkeley v, James
Earnonson, but 3001., one hundred and fifty of which was
paid in cash before any tuition to the defendant's son,
and a promissory note for 150/. at the same time; also a
further sum in cash of 101. to purchase for the youth the
boards, brushes, &c., which, with the pictures, were to
be the defendant's property, but which the plaintiff re-
tains, and for which an action is now pending, as also a
further action for the return of the outlay, &c.
A further inducement for this arrangement besides the
two fictitious gold medals alluded to in your report, was
the statement that the pretended new style of oil land-
scape painting had never been taught before
to any person to teach again, when, by the evidence of
Mr. Preston, it appeared he had been induced by a
similar advertisement in the Newcastle Courant, on the
faith of the medals being gold, and having been awarded
as stated, to pay in cash 3001., and remove with his
family to Norwich, when he fund, like the defendant's
son, there were no pupils to succeed to, nor any new
style to be taught, &c.
By making this correction as early as possible, you
will oblige, Sir, yours, &c., _

J. EAMONSON.
Prospect-place, Hampstead, Dec. 9.
P.S. I perceive ycu have omitted that the defendant
pleaded not obtained by fraud and covin, and for which
the jury found a verdict.

ROYAL AGRICULTURAL SOCIETY

OF ENGLAND.

The first of two lectures intended to convey an ele-
mentary demonstration of the substances which ent( r
into the composition of plants and soils, was delivered
last evening before the members of this society, at the
theatre of the Polytechnic Institution, by 1)r. John
Ryan, Professor of Chemistry in that establishment.
The lecture was of a strictly elementary nature, being
confined to an explanation elucidated by a number of in-
teresting experiments of the chemical properties of the
four elementary bodies which enter into the organic
structure of plants—namely, oxygen, hydrogen, carbon,
and nitrogen. The facts described, though already
known to all present who had the slightest knowledge of
chemistry, were, however, put forward in so pleasing a
manner, and the experiments by which they were illus-
trated were so successful and striking, as to draw forth
repeated marks of applause. Among the more interest-
ing points mentioned, and one of the least known, is,
that nitrogen, which was so long regarded as a nega-
tive body in nature, of use only in diluting the
oxygen of the atmosphere, combines with oxygen under
the action of electricity, and more especially during
thunder-storms, in the form of nitric acid, and thus de-
scends as a manure to the soil, in nitrate of potash, ni-
trate of soda, and nitrate of lime. This is probably one
reason why vegetation should be most exuberant in
countries where thunder-storms are of most frequent
occurrence, and why, even in our own climate, plants
present a luxurious appearance after violent thunder.
Nitrogen also combines with hydrogen to form ammonia,
that invaluable principle in manure; and it is said that
during thunder-storms this combination takes place in
the atmosphere, and that nitrate of ammonia, a most
fertilising salt, descends at such times to the earth. The
lecturer concluded by going through the process of
testing the presence of ammonia in guano or other ma-
nures, by the use of muriatic acid and caustic potash.
By adding a little of the potash or of caustic lime to the
guano, the ammonia is disengaged, and on applying
muriatic acid to the mouth of the retort, becomes at
once visible in a thick vapour.
At the conclusion of the lecture, a vote of thanks was
voted to Dr. Ryan, and was presented to him by his
Grace the Duke of Richmond, as president of the society

•
Mr. George Robins's Marine Villa, at Brighton, is a t
length completed. It has been furnished by Mr. Martin,
the great Brighton upholsterer, in a style that places i
far beyond any rival candidate. It:is just let, for a period
of six months, to a gentleman of consideration, who will
have the benefit of its first occupation.
The Lypiatt estate, near Stroud, with its castel-
lated mansion, ancient chapel, beautiful domain of 230
acres, woods, and valuable manorial rights, which was
offered to public sale by Mr. Robins in the summer, has
just been disposed of to J. E. Dorington, Esq., of the
House of Commons. Few estates possess more natural
beauties or greater historical interest. It was at Lypiatt
Park, the seat of Sir J. Throckmorton, it is recorded
the gunpowder plot was projected; indeed, the chamber
where the meetings were held is still preserved, and
during the wars of the Parliament the mansion sustained
a siege, and was nearly destroyed. The property is
considered one of the most attractive in Gloucestershire,
and its position and natural charms render it a peculiarly
important and delightful estate for a residence.
The Observer of last Sunday contained four co-
lumns of a review of Sir Edward Bulwer Lytton's new
work, entitled "Lucretia."

LATEST NEWS FROM NEW ZEALAND.--The fol-
lowing intelligence has been brought by the West India
mail:--" The latest date from Wellington, via Panama,
is the 4th August. The Ralph Bernal arrived et Wel-
lington on the 15th July, and will load for London after
discharging her cargo at Auckland. The oil fisheries
were very prosperous, and it was fully expected they
would prove sufficient to load three ships for London.
The Governor was, with all the disposable troops, attack-
ing the insurgent troops in the neighbourhood, and no
doubt was entertained of a successful issue."
The Conde de Montemolin left London on Tuesday
morning, at ten o'clock, and proceeded by railway to
Cambridge, whither he has been invited by the Rev. the
Master of Trinity College.
Accounts from Milan announce the death of
Charles Count von Geisruch, Cardinal Archbishop of
Milan, who expired at the close of last month, in that
city, aged seventy-three years.
SERIOUS ILLNESS OF PRINCE METTERNICH.--
The Cologne Gazette, of December 7, states, on the
authority of a correspondent " from the Danube," that
the above distinguished statesman is dangerously ill, and
that he has been confined during several days to his bed.
It appears that he is suffering under a species of fever
which allows him no rest. The Gazette adds that Count
Munch-Bellinghausen, the President of the Germanic
Diet, is with the Prince night and day.
SMITHFIELD CLUB CATTLE SHOW.-This exhibi-
tion was opened to the public at an early hour yesterday
morning, and if the number of visitors who passed
through the gates during the day may be considered any
criterion, it appears to have lost none of its popularity.
The Duke of Richmond, president of the club, arrived
at the bazaar about ten o'clock, and together with se-
veral of the stewards who were in attendance, went
round the yard, minutely examininc, the various classes.
General Wemyss, who has the honour to officiate as
farm steward to the Prince Consort, was also an early
visitor. The demand for stock during the day was very
dull, and few sales were effected. Towards evening,
however, the trade brightened, and purchases were made
more freely.
REPRESENTATION OF MANCHESTER.--The Man-
chester Courier states that Lord Lincoln, in an interview
with a deputation which waited on him on Saturday, con-
sented to stand as a candidate for the representation of
that borough.

FUNERAL OF THE LATE MARCIIIONESS (DOWAGER)
OF WESTMINSTER.—The mortal remains of the late
Marchioness (Dowager) of Westminster were interred
in the family vault at Eccleston Church, near Eaton
Hall, on Friday last. The Marquis of Westminster, the
Earl of Wilton, Lord Robert Grosvenor, and her Lady-
ship's grandson, Earl Grosvenor, attended, with the lead-
ing tenants of the Eaton estate. The Rev. Mr, Massie
read the funeral service.

THE RECENT FIRE AT GRAVESEND.--Up to yester-
day volumes of smoke issued from the ruins of the late
fire at Gravesend, and, singular as it may appear, bodies
of flame burst forth occasionally as the labourers con-
tinue to sift the rubbish, with the view of obtaining
salvage. Notwithstanding the amcunt of insurance
effected reached 30,0001., the whole of the claims have
been satisfactorily adjusted, and consequently the work
of clearance preparatory to the re-erection of the new
buildings for the opening of the West-street has con-
siderably progressed. Considerable difficulty, it appears
has been experienced in obtaining an unanimons opinion
as to the advisability of taking the whole of the erections
to be made a sufficient distance back to make the pro-
possed street an ornament to the town, and of increased
value to the parties holding property there. It is, how-
ever, understood, from a meeting of the corporate au-
thorities, held yesterday, that it is decided to put back
the whole hue of houses full nine feet, so that they
shall fall in continuity with the Talbot and Privateet
Hotels. This will give twenty-four feet width to the
strut, instead of fifteen, the previous width of West-
stmet.

COSTA CABRAL.—M. de Costa Cabral, ex-Minister
of Portugal, arrived on the 3d at Bayonne. The ex-
political Chief Ugarte has also arrived in that town.—
Galignani.
REFUSAL TO READ TEE BURIAL SERvicE.---On
Tuesday, one of the officiating clergymen of St. Giles's
Church, in this town, on being applied to to read the
burial service over the remains of the late Mr. R. Head-
dey, whose death we record this week in our obituary,
declined doing so on the ground that the deceased had
never been admitted into the visible church by the solemn
rite of baptism.—Cambridge Advertiser.

THE • SHANNON STEAM-PACKET. PLYMOUTH,
DEc. 7.—The Shannon steam-packet remains as last
reported. Today she is to be further lightened, prepa-
ratory to making another effort to bring her alongside
the wharf at Catdown. He passengers for Falmouth and
Dublin, to the number of about one hundred, proceed for
those ports this afternoon by the Duke of Cornwall.
THE QUEENIIITHE PENNY CLOTHING SOCIETY.—
Yesterday, a committee of ladies attended from this
society, at the workhouse in Thames-street, opposite St.
Michael's Church, Queenhithe, to distribute the clothing
and bonuses of nine per cent. to the 1,100 holders of
tickets. There are three classes—those who subscribed
id., 2d., and 3d. a week, the latter being the largest
=mot received by the society, which, together with the
bonus, is annually returned at this season in the shape
of warm clothing, blankets, &c., the object of the society
being to induce the humbler classes to provide for the
contingencies of winter.
NOTICE.—If the Wellington Statue, which was
left on the top of the triumphal arch in Piccadilly, about
two months ago, is not taken away by the 21st of this
month, it will be sold to defray the expenses.—Punch.
SALE OF THE BOROUGH HAYMARKET.—Yester-
day a sale took place of the the Borough Haymarket
sheds, stabling, dwelling•houses, and other appurte-
nances, by Messrs. Bailey and Son. The market con-
tains an acre or open space of about 30,000 feet, forming
the Newington Causeway. It was sold for 900/. by
private contract. The estate is held under the Mayor,
Commonalty, and citizens of London, 61 years of which
were unexpired.

DUTCIIPOTATOES.—The latest returns of arrivals
from the continent show the importation of nearly soo
tons weight of potatoes in one day. Of these, 100 tons
were form France, 112 tons from Normandy, and a
cargo comprising 80 tons from Flushing, the production
of Holland.

WORCESTER WARWICK, AND
RUGBY RAILWAY COMPANY.
A meeting of this company, adjourned from Wednes-
day last, was held yesterday at the London Coffee-house,
at twelve o'clock ; 11. G. Ward, Esq., M.P., in the chair.
On taking the chair,
Mr. WARD said that he assumed his old position, as
this was an adjourned meeting; he believed it was not
necessary to have a vote for that purpose. In doing so
he should merely observe, that having been given to
understand that all sorts of actions might be brought
against him, do what he might, he had placed himself in
the hands of his legal advisers, and under their advice
he should refrain from everything but his simple duty as
president of the meeting. He would only say that it
was intended to altogether withdraw the 4,240 shares to
which he had alluded.
A SHAREHOLDER inquired where the scrip was now ?
The CHAIRMAN replied that it was in safe keeping,
but he should give no further information. At the last
meeting he had stated that all the papers and documents
of the company were open to a fair inspection of the
shareholders.
Mr. SPACEMAN, after giving the opinion of Sir F.
Kelly and two other counsel, that it was illegal to use
any scrip in voting which was not actually in possession
of the holders, read a correspondence which had taken
place between himself and one of the other scrutineers
and the secretary and chairman of the company, the
object of which was to obtain the numbers and holders
of the scrip for the 4,240 shares alluded to. The result
was, that under legal advice the directors refused to give
the information required.
The CHAIRMAN said, that whatever the responsibility
might be rested with him and the other directors, and
not with Mr. Hughes, the secretary.
Mr. SPACEMAN resumed with saying, that if the votes
now in the room were sufficient to authorise the disso-
lution and bankruptcy of the company, well, but if not,
then he would advise the shareholders to object to suffer
the 4,240 votes to be withdrawn. Whatever they did,
let them do it legally.
Mr. CLARKE, the third scrutineer, stated, as the reason
for refusing to act with the other scrutineers, his belief
that in demanding the numbers and names of the holders
of the scrip they were exceeding their official power.
He had written to Mr. Spackman, intimating this
opinion, and suggesting that a committee of
shareholders should be appointed to investigate the
circumstances, and examine the scrip as it was presented
for voting. He could see but one way of escaping from
the difficulty and avoiding litigation : that was, for
every shareholder who had voted on the suspected scrip
to come forward and say whether his scrip was good or
bad. If this were done he believed that all difficulty
would be obviated, and every one would be saved from
being committed to an illegal action. It appeared now
impossible to get out of this difficulty without such a
course as he pointed out. If they refused, then
he should maintain that every person who voted on
the scrip presented by him should be held responsible
for the 30s. a share which had been originally paid.
A SHAREHOLDER inquired whether there was any
power in the Act of Parliament to enable the directors
to withdraw the shares in question ?
The CHAIRMAN replied that there was no such power,
and that occasioned the difficulty.
An angry discussion ensued, in the course of which
Mr CLARKE declared that he differed from Mr. Speck-
man and several other shareholders in their belief of the
efficacy of bankruptcy. In his opinion the best plan was
to pursue the directors at law and in equity. He had
calculated the expenses in the Worcester, Warwick, and
Rugby Company at 7s. a share, and if the plan he re-
commended were adopted, he believed that the whole of
the balance could be obtained.
The meeting decided upon proceeding to a scrutiny of
the additional votes present.
The CHAIRMAN said that he should never do anything
behind their backs which he would not do in their pre-
sence ; and he had now therefore to remind them that
at the last meeting he had stated that there was one
debt against the company not entered in the balance.-
sheet, against which he was endeavouring to defend the
shareholders. Since then, seeing the spirit of the meet-
ing against the shareholders, and, acting under the
highest advice, he had paid that debt, and he had now
to intimate that, in the event of a resolution of dissolv-
ing in bankruptcy being come to, in virtue of the power
which, as chairman, he held, he should give cheques be-
fore to-morrow morning for the settlement of every
account now outstanding against the company, so that
if they did go into the Court of Bankruptcy they would
go without a single creditor to oppose them.
Mr. ADAMSON—Then I tell you, sir, that you will
have every sixpence to refund.
While the meeting was in a very excited state the
scrutineers resumed their duty, and on their return re-
ported that there were 8,975 votes recorded, 4,240 of
which were put in by the directors, and the validity of
which the scrutineers could not ascertain, and they
therefore demanded the vouchers which should confirm
their authenticity.
The CHAIRMAN stated that such a report was
not in accordance with the statute, and that con.
sequently he could not receive it. He should there-
fore call upon the scrutineers to amend their report, and
would give them a reasonable time for doing so. In the
event, therefore, of the amended report not being made
within one hour he should declare the meeting dissolved,
and leave the responsibility of the consequences to those'
who caused them.
Mr. SPACEMAN said they would not keep the Chair-
man one hour or five minutes, for the scrutineers would
make no other report, and he believed they were quite
within the terms of Lord Dalhousie's Act.
The CHAIRMAN said that since the last meeting he
had taken the very highest legal advice, but he found
that he had no power to interfere, and that in fact there
were no means whatever of now withdrawing the 4,240
votes put in by the directors. He should, therefore, call
upon the scrutineers to amend their report.
Mr. SPACEMAN having declared that it was not the
intention of the scrutineers to alter the report,
The CHAIRMAN then said that he would give a quarter
of an hoar for the purpose, when, ,if he received no
other than that before him, he should declare the meet:
ing dissolved without coming to any conclusion.
No answer was made to this, zi.d Mr. lipacknian and
his friends, after a little consultation, left the robin.
At the appointed time the Chairman declared the meet-
ing dissolved.

SLIGO AND SHANNON RAILWAY

--
COMPANY.
An extraordinary general meeting of the Sligo and
Shannon Railway Company was heldyesterday afternoon,
at the offices of the company, Winchester-buildings, Old
Broad-street, for the purpose of assenting so the terms
of amalgamation, by way of purchase, with the Sligo
Ship Canal Company. Mr. Hughes in the chain.
The SECRETARY read the report, which stated that the
shareholders of the Sligo Ship Canal Company had unani-
mously agreed to transfer their undertaking to this com-
pany, under the pow er.3 granted in their Act for that
purpose, and the directors of this company
felt persuaded that it would be most advan-
tageous that they should possess the entire con-
trol of the Sligo Ship Canal. Both undertakings
would be under one management, and the directors
earnestly recommended the shareholders to confirm the
arrangement for the purpose of completing the trans-
action. The shareholders had to authorise the directors
to issue 800 shares in addition to the company's present
number, which, when done, would make the company's
capital 120,0001., in 4,800 shares uf 251. each, with power
to borrow the sum of 33,2001. to complete both the
railway and canal. The directors would possess, when
the companies were amalgamated, the power of adjusting
tolls, remitting them on vessels conveying goodi to or
from the railway, and charging by their Act on vessels
conveying goods to any other destination. The canal
would thus become a most important branch of the
company's scheme, connecting Sligo with the river
Shannon, and making it the port of the whole of
the towns bordering on that river, from Athlone to the
company's station on the shore of Lough Allen.
The company was the only one that obtained their Act
out of the many schemes projected for the w est of Ire-
land, and a glance at the map would show how advan-
tageously this line was situated for extension in various
directions connecting all the railroads to the north of Ire-
land with the lines reaching to the capital on the south
of Ireland. The railroad and canal completed the
communication between the Shannon and the sea
The directors were assured by their engineers that the
works could be completed and brought into operation in
a twelvemonth, and the capital required being so
limited in amount, they hoped the directors' endeavours
to carry out the undertaking would be supported by the aid
of the proprietors. The proprietors of the lands were being
negotiated with, and would,- in the majority of cases,
take the company's shares in payment for their land.
The board, in conclusion, hoped that their views on the
subject of the purchase of the canal would be confirmed,
and that they should be authorised to purchase it, and
attach the company's seal to the deed of conveyance
thereof.
The report having been read, was unanimously
adopted.
Mr. BRIGHT moved a resolution, empowering the di-
rectors to conclude the agreement for the purchase of
the canal.

Mr. VICARS cordially seconded the proposition,
which, upon being put to the meeting, was unanimously
adopted.
A vote of thanks was passed to the chairman, and the
meeting separated.

SLIGO SHIP CANAL COMPANY.
Yesterday, at twelve o'clock, an extraordinary general
meeting of the proprietors in the Sligo Ship
Canal Company was held at the company's offices,
Winchester House, for the purpose of considering
the expediency of transferring the Sligo Ship
Canal undertaking, under the powers contained
in the company's Act of incorporation, to the
Sligo and Shannon Railway Company. The procerd..
ings were purely of a formal character, the sale of the
undertaking to the Sligo and Shannon Railway Com-
pany being unanimously determined upon.

FATAL RAILWAY ACCIDENT.--AB old soldier,
who had recently received his discharge, was killed o
the Edinburgh and Glasgow Railway on Wednesday
evening. He was a passenger in one of the fourth-class
carriages by the train which leaves Edinburgh at five
o'clock, and it appears that when the train had ap-
proached within live or six miles of Linlithgow, he at-
tcmpted to enter into the adjoining vehicle, but having
missed his footing, he fell on the rails, and all the re-
maining carriages passed over him. The train, which
at the time was proceeding at full speed, it seems was
not stopped to take up the body, it being known that a
luggage train was not far in the rear. On the arrival of
the latter at the spot, the corpse was found dreadfully
mangled.—Scotsman.
SALISBURY AND BASING STOKE.—Mr. Lock, the
engineer to the company, Pxamined this line yesterday,
to enable him to mare a report to the direolors whether
it is in fit State to open,