The Sun.
London, England, 1848-11-08 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING/

1 LLOYD'S SHIPPING—(THIS DAY.)
I LONDON, Nov. B.—Wind N.W., moderate breeze and
fine clear weather.
DEAL, Nov. 7.—Wind N.W. to N.N.W., fresh; P.M.,
N.W., moderate.—Arrd. from the river, Mail, Cape
awl Mauritius; North Star, Cape Coast Castle; Sophia,
Jamaica. Arrd. from the river and aid., Gladiator,
Nrw Yo:k .
RAMSGATE, Nov. 7.—The Jessie, Mackintosh, from
Swan..=ra to Malta, was assisted in here to-day leaky and
with other damage, having been as far as the Bay of
Biscay.
LIVERPOOL, Nov. 7.—Wind N.N.W.—Arrd. Alarm,
Cressy, Laguna; Senator, Coffin, New York; Virginia,
Salisbury, ditto; Veronica, Mountain, Newfoundland ;
Lady of the Lake, Smith, St. Andrew's. Sld. Ben
Nevis, Mobile. Put back Robert Watt, Apalachicola;
Forfar shire, New Orleans. Off port, Wiscousin.
PLYMOUTH, Nov. 7.—The Sydney packet Alert was
seen partially dismasted two degrees ne•rth of Cape V,rd
Islands. Arrd. her Majesty's ship Heroine, coast of
Africa.
MILFORD, Nov. 7.—Wind W.N.W.—Arrd. True
Blue, Picton, Glasgow', leaky, last from C.,rk.
LIMERICK, Nov. 6.—Wind N.N.W.—Arrd. Jane
Black, Gt rman, Quebec.
PETERHEAD, Nov. 6.—Wind N.W.—Arrd. Joseph
Green, Stewart, Davies Straits.
DUNGENESS, Nov. G.—The Sisters, of Dartmouth,
was in collision 3d inst. with a brig, and received consi •
derable damage.
LIvEzPooL, Nov. 7.—The Senator drifted ashore
last night, but came off this morning.
YARMOUTH, Nov. 7.—The Woods, Konigsburgh
Hull, arrived in the roads yesterday, with cargo shifted,
leaky, &c., has been got into the harbour and must
discharge.
WIVENHOE, Nov. 7.—The Petrel, Barth pool to Lon-
don, has been assisted in here, making water, having
been on shore on the middle sand in the Swin.
BRIDLINGTON, Nov. 7.—Wind N.N.E.—Arrd. Lavinia,
Long, America for the northward.
CARDIFF, Nov. 6.—Arrd. Jane, Beaton. Prince Ed-
ward's Island. Sld. Southampton, Monte Video.
MUMBLES, Nov. s.—Sld. Orestes, Fernando Po.
GUERNSEY, Nov. 3.—Sid. Waterwitch, Port Adelaide;
Nancy, Pernambuco.
OFF BEACHT HEAD, Nov. 6.—Forager, Quebec.

be imposed upon; that, on the contrary, she was par-
ticularly sharp in all matters relating to money, and that
she had fora long time been carrying on the busincsi
of a hay and corn dealer, and had also bee.n in the
habit of discounting bills ; that the coolness ve hieli

existed between the Plaintiff and defendants had trisen
from the plaintiff's refusal to continue paying the in-
stalments under the warrant of attorney, and that the
transaction was perfectly fair on the part of the de-
fendants.

On the cause coming on for hearing before this branch
of the Court, and at the conclusion of the arguments his
Honour took time to consider his judgment.
The COURT this morning gave judgment, and his
Honour, after going at considerable length into the facts
of the case, stated that there were two points upon
which the case rested. The first was, whether the re-
presentations made by the defendant to the plaintiff
were false, and if so, whether they were of such a nature
as to entitle her to the relief she asked. His Honour
could not think, as had been argued at the Bar, that the
plaintiff did not know what she was about at the time
she executed the warrant of attorney, or tl at the stile
wis colourable, or that the plaintiff was ignorant of the
instrusncrit she signed. From the evidence, is eas clear
that she knew what she was doing when she signed the
warrant of attorney. There was, however. much
in the case that afforded strong suspicion of
the truth of many of the charges made by
the plaintiff, the evidence on behalf of the plain-
tiff was strong, but not sufficiently so for him to act upon
it. His Honour felt sorry that he could not at the hear-
ing of the cause give the plaintiff the decree she asked.
All that he could do was to give her an opportunity o'
establishing her rights by an action at luw. There might
be some difficulty in this from the delay that ha i taken
place, but what his Honour wished was, that a court of
law should decide what the rights of the plaintiff were
at the time of the filing of her bill. He thought, such
being his opinion, the best course would be to let the
case stand over for a few days, in order to give the plain-
tiff an opportunity of c, nsulting with some gentleman at
the Common Law bar as to the course she should pursue.
The bOLICITOR•GENERAL—The Court will continue
the injunction in the meantime P
The VICE-CHANCELLOR—Oh, certainly.

TFJEEN'S BENCH.—(THIS DAY
(Sittings in Banco.)
SLANDER.-GORDON V. SLIDE.

This was an action brought by the plaintiff, a cok,
who had been formerly in the service of the defendant,
to recover compensation in damages for alleged slander.
When she left the defendant's service she received a
good character from Mrs. Slade, on the strength of which
she entered the service of a Mrs. Malcolmson. Subse-
quently that lady had occasion to inquire of Mrs. Slade
respecting the character of a servant named Pearce, who
had also been in the service of the last-named lady, and
in reply she stated that inquiries of the kind were very
necessary as she bad formerly been imposed upon. It
appeared that whilst the plaintiff was in Mrs. Slade's
service stray legs of mutton had been missed, which it
was supposed were generously presented by the plaintiff
to her tellow-servants, the groom and coachman. Mrs.
Malcolmson called upon Mrs. Slade for an explanation of
the ambiguous phraseology of her note. In the conver-
sation that ensued Mrs. Slade imputed dishonesty to the
plaintiff. In consequence of this she was discharged.
The case was tried before Mr. Justice Wightman in this
court, and the jury found for the plaintiff, 40s. damages.
Mr. CROWDER now moved for a rule calling, upon the
plaintiff to show cause why the verdict should not be set
aside and a nonsuit entered by leave of the Learned
Judge, and also why judgment should not be arrested,
on the grbund that there was an entire absence of malice,
and that a person under such circumstances cou'd not be
punished, in damages, for stating the truth in giving a
character to a servant. If persons were to be punished
for speaking the truth, servants of the worst repute might
find their way with impunity into our dwellings.
The Court granted a rule.
THE MIDLAND UNION RAILWAY.-BAILEY V. H.LYNEB.
This case was tried at the list sittings at Guildhall,
before Lord Denman. It was an action brought by the
plaintiff's, the welt-known advertising agents, to recover
from the defendant the sum of 1,0521. for advertising,
stationary, printing, &c., supplied to the company in
question. The defendant was one of the committee.
The jury found for the plaintiffs for the full amount
claimed.

Mr. HUMFREY now moved for a rule calling upon the
plaintiffs to show cause why the verdict should not be set
aside and a new trial bad, on the ground of misdirection
The railway in question came into existence in the June
of 1845, and expired with the panic of October in the
same year. It was proved at the trial, by the evidence
of the secretary, Mr. Knight, that the defendant did not
take any part in the undertaking until the 17th of Oct.
Now, but 4071. of the amount claimed was incurred
after the 17th of October, and it appeared manifestly
unjust that the defendant should be held responsible for
the liabilities of the company in this respect, when there
was no evidence to show that he had held himself out as
a director or as a responsible, parson, before the 17th.
It was shown that after the panic the de-
fendant busied himself with the other directors
in endeavouring to provide funds to meet all the claims
of the company, in order to accomplish which he and
others paid down 160/. each. It was a remarkable fact
that the plaintiff had tried two cases of the same nature
us this in the provinces ; one was tried before the Lord
Chi( f Justice of the Queen's Bench, and the other before
the Lord Chief Justice of the Common Ph a 4. Both de-

livered equally strong opinions upon the law, but sTrangeTy
enough they as strangely and widely differed.—(Laugh
ter,) After he had addressed the jury, and the Chief
Justice bad summed up and directed them, they asked
when the defendent's name first appeared in the prospec-
tus? His Lordship handed them one dated the month of
July, on examining which the jury turned round and
found for the plaintiffs for the full.amount, stating at the
same time that they did so independently o! the pro-
spectus. Now, the prospectus was not in evidence, a% d
could not properly have been used. Unfortunately.
these railway cases were drawing to a close—(Laughter)
—but if it had been otherwi.e, tied the eases had been
decided as this case appeared to have been, thousands of
pounds might have been saved.

Lord Diiimes; referred to his notes of the trial, and
said the prospectus appeared to have been in evidence,
since he found that Mr. Whitehurst, who was "on the
other side, frequently alluded to it.
IlustienEy apprehended that it was not in evi-
dence, and could not have been. The misdirection of
his Lordship, he submitted, consisted in his putting the
case too strongly to the jury, without explaining clearly
what made the defendant liable or not liable limn the
beginning. He asked the jury, upon the %hole case, if
they thought the defendant had admitted his liability.
It was true his Lordship told them that if they drew a
1 mit at all, the 17th of October must be the timo; but
he omitted to tell them what were the iageeilii nts
necessary to fix him with liability from the be-
ginning. In such a case a man could not be held
responsible, unless he had said in express terms that he
owishedunderstood
cmmenictetmoehnetoftheundertaking.
that wa s from the
dThe
iraeofCothuertpgroraspneteedtuas. rullehewyiwthourzploeockt.
at
to
titehset,ourse
te.
hand writer's notes, and consider the question o. the re-
duction of damages.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
VAN CASTEEL V. BOOUR.

This case, which has been before th• Court on a pre-
%ions occasion, and reported at considerable length, was
in srover, and was brought to recover the value of a
cargo of coffee which had been brought by a ship called
the Vigilant, from Bahia to Liverpool. A fraudulent
preference was alleged with reference to the consign-
ment of the cargo. It was tried twice on the last occa-
sion before Mr. Justice Erle at Liverpool, whin a ver-
dict was found for the defendant.
The ATTORNEY-GENERAL applied for a rule 10 show
cause why a new trial should not be had on the ground
of the reception of improper evidence.
The COURT took time to consider the application.

SECONDARIES'.---(THIS DAY.)
(Before Mr. Secondary JAMES.)
WEARE AND ANOTHER V. COOPER.-A CHURCHWARDEN
IN DEFAULT.
The plaintiffs in this action are the churchwardens of
the parish of St. John, Southwark, and they claimed the
sum of 162/. 16s. 3d., the balance of an account of fees
received by defendant as churchwarden, and which he
had appropriated to his own use.
Mr. Shee the vestry clerk, was called, and proved that
the defendant was churchwarden in 1846 and 1847, and
on the audit of accounts a balance was found to be due to
the parish of 222/. 16s. 3d., but the defendant had since
paid 601. on account, leaving a balance of 162/. 16s. 3d.
now claimed. Time had been offered to defendant to
pay, but he would not agree to the terms.
The defendant allowed judgment to go by default, and
The jury gave a verdict for 162 E 16s. 3d.
This was the only case.

MARLBRO' STREET-(THIS DAY.)
James Davis, a journeyman bootmaker, was brought
before Mr. Bingham, charged with being drunk, and
assaulting police-constable Martin, C 49.
Complainant said, on the previous night, about nine
o'clock, he was on duty in Compton-street, when he saw
the prisoner knock down his wile. The latter screamed
out " murder" and " police," and witness ran to her assist-
ance, and asked the prisoner why he struck the woman?
The prisoner replied " that she was his wife, and he had
a right to do as be liked." Ile was about proceeding to
further violence when witness took him into custody.
On the way to the station the prisoner struck him i❑ the
face, and was so violent that the assistance of another
constable was obliged to be procured before the prisoner
coukl be locked up.
The prisoner said he was very drunk, end could not
recollect a single circumstance of the preceding night.
Mr. BINGHAM fined him 10s., and in detault corn.
mated him for seven days.

THE HALSTEAD MURDER.—On Monday last, the
body of the female lately murdered in this neighbour.
hood was disinterred, in the presence of the police autho-
rities and the clergyman of the district. A number of
persons gave evidence, which went to prove the identity
of the murdered woman, ou the wearing apparel in the
possession of the police being produced, the witnesses
swearing to having seen certain articles of the apparel
worn by the deceased. A man named Dean, who stated
that he had cohabited with the deceased, identified the
body. The woman's name was Margaret Thompson. A
reward of 501. has been offered for the apprehension of
the murderers. Great excitement pervades the neigh-
bourhood.

PRESENTATION.—A handsome sword of consi-
derable value has been presented to Inspector Wallrr
by the inhabitants of Bethnal-green, for his enprgetic
exertions in suppressing the Chartist riots on the 4th
of June.

CAPTURE OF VIENNA.
TO THE EDITOR OF TilE SUN.

Sia,—Your generous and just observations on the
dreadfol events passing at Vienna do you honour. The
position taken up by several of your contemporaries in
regard to the Austrian revolution is in the last degree
disgraceful to the press of a " free country." The
language of some of these journals is positively re-
volting. God grant that the heroic capital of the
Austrian empire may still be delivered from the
hands of the miserable and perfidious Cretan who,
according :to one of these writers, " will have to
mourn with a father's love the sad scenes of desolation
and wee inflicted by his own rebellious subjects !"
One of the most prominent of your brother journal-
ists, as usual, writing for all the worst prejudices of
the national character, and seeking to reconcile our
baser instincts of self interest in preserving the
.statu quo with the higher principles of national
policy, buries the sacred rights for which the people
of Vienna are so heroically contending under a
load of misrepresentation :—" the people of England
must not confound, forsooth, the desperate struggle
of the citizens of Vienna with our own glorious Revo-
lution of 1688 !" And why not? Is it because, in
the ormer case, the Austrian people have risen en
masse against the degrading and infamous despotism
which has so long enslaved them ; while in the latter
the principal actors were an oligarchical clique, who
for their own selfish interests expelled, with the
basest ingratitude, the unhappy Sovereign who had
loaded them with his favours ? But history will do jus-
tice to the heroic people of Vienna. :No matter how
this bloody struggle may for the present terminate;
it already records the glorious defence of Vienna
against the Turks ; in a page as bright it will em-
blazon the noble deeds and the sufferings of the
Viennese when besieged by still more ruthless env•
mies, the barbarous hordes and mercenaries of their
degraded Sovereign. His infamy is indeed complete,
and, as you predict, the day of retribution will as-
suredly come! From one who has given some atten-
tion to the policy of Austria, and has found it every-
where the same, Machiavellian and infamous, perhaps
you will think these observations worthy a place in
your able and consistent journal,,.,
I am, Sir, your obedient servant,
November 5, 184
AB. LOVER OF FREEDOM.