The Sun.
London, England, 1848-11-29 00:00:00

WEDNESDAY EVENING, NOVEMBER 29, 1843:

"We sail in a few days on a most extensive cruise,
entirely round the great island of Madagascar on a sort
of political mission, the grand object being to communi-
cate with the chiefs along the coast, and open trade
with them, and so get a supply of provisions for Mau-
ritius, quite independent of the Queen of Madagascar."'

" The French ships of war on this station are half
starving ; they have no money, and they will not cash
the Republican Government bills here, nor even at Bour-
bon, a French colony."

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Nov. 28.
(Sittings at Nisi Prius, before Mr. Justica EIiLE and
Common Juries.)
KEANE V. JAMES.

This was an action to recover the amount of a promis-
sory note for 4851., with 51. per cent. interest. The
defendant pleaded that he did not make the note.
Witnesses proved that the defendant signed the note
on the 9th of April, 1845, at Garner's brewery, Gray's
Inn-lane, the transaction having reference to the trans-
fer of a public-house ; whilst, on the other hand, two
witnesses, one of whom had taught the defendant to
write, stated that they did not believe the defendant's
name to be in his handwriting.

The jury, however, found for the plaintiff for the sum
of 570 L, principal and interest.

PALMER V. CASTALLANI.

This was an action 'o recover the amount of a bill of'
exchange for 361., purporting to have been accepted by
the defendant. The defendant pleaded that he did not
accept the bill, and that he did not authorise any one to
accept it. It appeared that the defendant's wife was in
the habit of transacting her husband's business, in the
course of which she had often to sign her husband's
name. This, it appeared, was one of those transac-
tions. Two of the defendant's brothers swore that the
signature was in the handwriting of the brother, whilst
other witnesses swore as positively that the defendant
wrote a free, bold hand, and that the signature was
not his. _ _ _

Mr. Prentice conducted the case of the plaintiff; and
Mr. Miller that of the defendant.

Mr. PRENTICB addressed the jury, and urged that
they could not for a moment believe that the defendant
did not give his wife his full and entire consent
to accept the bill in his name. They could not affirm
his plea without imputing perjurY to the brothers of the
defendant, and stamping the defendant's wife, with whom
he was living in the ordinary relations of married life,
as a forger.
Mr. Justice ERIE said, if the jury believed the de-
fendant accepted the bill, or that his wife accepted it by
his consent, they must find for the plaintiff. If they
thought he did not accept it, nor authorised any one to
do so, then they must find for the defendant.
The jury found for the plaintiff for the amount
claimed.

November 25.
NEWTON V. BELCHER.

Lord DENMAN said that this was an action by a news-
paper agent for the cost of inserting advertisements for
a railway company, between September, 1845, and
January, 1846. There was a particalar, specifying
dates. The items on and after the 7th of October con-
stituted the principal subject of contention. The parti-
culars did not specify the order of the 15th of October,
nor was any given between the 10th and 17th of Oc-
tober. The defendant paid the sum of 1,0001. into court,
and the question was whether he was liable for anything
beyond that sum. The names of certain persons were
published in a prospectus as those of the provisional
committee. Joined with these names were those of a
firm of attorneys in London. The orders for these ad-
vertisements were given partly in the names
of these attorneys and partly in those of the
members of the provisional committee. The order
of the greatest importance was that which was
given on the 7th of October, purporting to come
from these attorneys, directing the prospectus to
be inserted in the newspapers ; and under this order the
advertisements of the 15th of October were inserted.
There was some difficulty about the proof of the order of
the 7th of October, and ono of these attorneys disclaimed
all knowledge of the writing ; nevertheless this order
was read in evidence by consent. As to the insertion of
the 15th of October, there was no evidence of a validat-
ing of the order of the 7th by any direct act of the de-
fendant. But the defendant took part in the business of
the committee upon the 15th of October, and from that
time forward. When the project failed, the defendant
joined with other persons to effect a settlement of
the concerns of the company, and they employed an
attorney to draw up a statement of its affairs. This
was treated by the plaintiff as equivalent to an ad-
mission that the defendant was liable for all the
orders on and after the 15th of October. The
Judge was of opinion that that admission must be applied
to the bill of particulars which had been looked at
throughout the trial, and he restricted the amount of
damages by that document. The verdict was taken ac-
cordingly. A rule had since been obtained to set aside
that verdict, and for entering a verdict with increased
damages, on the ground that the defendant was liable
for all the advertisements inserted after the 15th of
October, under any orders given before that day. There
was no principle shown which authorised the doctrine
thus attempted to be established, that persons were to
be held liable on existing contracts, merely because they
joined a company after such contract bed been made,
and the jurors by their finding had negatived that
liability, and the judge had negatived it by the way in
which he had used the bill of particulars. In the judg-
ment of the Court that doctrine could not be supported.
Upon these as well as upon other grounds, peculiar to
the case itself, the Court directed that the rule for in-
creasing the damages should be discharged.

POLICE INTELLIGENCE.
MANSION-HOUSE.

John Scott was charged with having in his posses-
sion two gallons of spirits which had beea made in an
illicit still.

The prisoner had been seen on Saturday night going
along the streets, and taking particular care to avoid the
policemen, one of whom, however (No. 584), observing
the caution with which he skimmed along with his load,
suspected that he had some peculiar reasons for meeting
with no impediment, and took the liberty of stopping
him. He tried to get away several times, but was con-
veyed to the station-house, when the bag was found to
contain two bladders, each of which had in it a gallon of
spirits produced from molasses, about 25 or 30 above
proof, and which he refused to account for.
Mr. Rice, of the Customs, said he was sent for on
Saturday night to seize the bladders of spirits. The
prisoner had no permit or certificate of any kind to
produce. _ _ _ _ .

The LORD MAYOR inflicted the penalty of 101, or im-
prisonment for one calendar month, upon the prisoner,
who preferred the latter alternative.
MARY LEBONE.

Ebenezer Jones, who has undergone two previous ex-
amination) at this court, was again placed at the bar be-
fore Mr. Broughton. It will be remembered that the
prisoner, under a promise of marriage to a young wo-
man named Mary Anne Marshall, visited her tor some
time at the residence of her parents in Lisson-street,
Marylcbone, and alleged that he had taken a public-
house in Camden-town, and should no doubt do an ex-
cellent busine3s there, as it was an old-established con-
cern. He all of a sudden ceased paying his visits, and
it was then ascertained that he had stolen from drawers,
&c., a considerable portion cf wearing apparel and other
property belonging to the woman alluded to, a portion of
which he had pledged, and tickets for some of the arti-
tides were found in his possession when he was captured
by Callahan, 134 D. It was further shown that he had
stolen a gold watch, the property of Mrs. Bell, Milton-
street, Dorset-square, w here he had called and represented
that he was a house-agent, having premises to let at
Bayswater; and had also, after sleeping at Mr. Dormer's,
Seymour-street, Buston•square, stolen a sheet from the
bed.

Some additional evidence was now given, and the pri-
soner, who said he should reserve his defence for an-
other occasion, was fully committed for trial. He was
also recognised by an innkeeper of Leicester as having
some time ago slept at his house, setting forth that he
was a commercial traveller, and then going off, in the
morning with a suit of clothes which he had stolen from
one of the rooms.

WORSHIP-STREET.
James Smith and Joseph Goodbody, privates in the 2d
battalion of the Coldstream Guards, were charged, the
former with haying knowingly uttered three counterfeit
half-crowns, and the latter with having had three similar
pieces of spurious money in his possession.
Joseph Boggis, barman at the George public-house,
High-street, Shoreditch, stated, that between six and
seven o'clock on the preceding evening the prisoners
entered the house in company with another soldier,
and called for a pot of porter at the bar,
in payment for which Smith threw down a half-
crown piece, and witness handed him the change for it,
amounting to 2s. Id. The whole party then proceeded
into the parlour, where they were served with a pot of
ale, which Smith also paid for with a second half-crown,
and again received the difference. After drinking the
ale, the prisoner Smith ordered another pot, and tendered
in payment a third half-crown to the witness, but which
he immediately perceived was a bad one, and returned it
to the prisoner, who put it into his pocket, with the ob-
servation that he had received it from the paymaster of
the regiment. Witness then examined the two pis cg's'
he had previously received from the prisoner, and which
be had placed upon the counter, apart from any other
money, and at once discovered that both of those were
also spurious. On mentioning the circumstance to Smith,
the latter refunded the full change for one of the half-
crowns, but refused to take back the other, and denied
that he had passed it. Witness thereupon sent for
policeman and gave the prisoners into custody.
Mr. John Dixon, a tradesman in the Hackney-road,
and who happened to be in the parlour at the time in
question, stated, that immediately after the altercation
with the barman the prisoner Smith attempted to leave
the room, but, having been prevented by the witness, he
stealthily drew some money from his pocket and se-
creted it under one of the benches, where three base
half-crowns were subsequently picked up, Witness at
the same moment saw something glittering in the hand
of the other prisoner, and upon taking it from him
found it to be another base coin of the same desci iptioii.
Police-constable Grant. G 52, stated, that upon en-
terit g the room and questioning Goodbody, he positively
denied that he had any more spurious coin about him,
but that upon searching his pockets be found two more
bad half-crowns, making altogether seven counterfeit
pieces in their joint possession. He also found upon
Goodbody a sum of It 6s. 9d., and 19s. 6d., all in good
money upon the other prisoner. The prisoner Good-
body accounted for his possession of the base coin, in
the first instance, by stating that he had received it
' from the paymaster, but afterwards alleged that he had
taken it in exchange fur good,money from the other pri-
soner.

Upon being called on for their defence, the prisoner

Goodbody repeated the statement he had made to ihe
officer, that Smith had induced him to change two out
of eight bad half-crowns he had in his possession; which
statement tho latter did not attempt to deny, and de
dined offering any defence.
Both prisoners were then ordered to be remanded until
Tuesday next, for the attendance of the Mint Solicitor
to carry out the prosecution.
LAMBETH.

Police-constable William James Terry, 214 P, was
charged before Mr. Elliott, by order of the Police Com-
missioners, with having been found in the kitchen of the
house of Mr. John Willis, 2, Chatham-place, Walworth-
road, partaking of refreshments while on duty, contrary
to the regulation of the force.
Mr. Wills, who is one of the churchwardens of the
parish of Newington, stated, that on the night of Thurs-
day last, between the hours oF eleven and twelve o'clock,
he found the constable in his kitchen, and his house hav-
ing been broken into by thieves within the last twelve
months, his first impression was, that the constable had
something to do with it. Witness was also angry at
finding a policeman in his house at such an hour of the
night, and had written to the Commissioners of Police
on the subject. From inquiries he had since made, wit-
ness had ascertained that the constable had not belonged
to the force more than two months, and, therefore, could
have had nothing to do with the parties who had at-
tempted to rob his house. lie had also learned that
the man had up to the present time borne a good cha-
racter, and under all the circumstances, and believing
the story to be true, he did not wish to press the charge
further.
The constable admitted that the statement of Mr.
Wills was true, but said, in extenuation of his miscon-
duct, that he had a key which unlocked a door leading
to some premises close to those of Mr. Wills, and on the
night in question he was returning from viest ing those
premises, when the cook in the service of Mr. Wills
opened the kitchen door, and said sho had not seen a
policeman before. Ile told her ho was somewhat sur-
prised at this, as the premises were regularly looked alter,
and he himself had often been there. The cook then
asked him to have some bread and cold meat, and he
took some, and was eating it when Mr. Wills came down
stairs. He made ne attempt to conceal himself, and the
moment Mr. Wills asked " Who's there?" he replied,
" A policeman." _ _ _

Mr. ELLIOTT observed that there could be no doubt
the constable was acting contrary to the regulations of
the force, and he was under the impression that the C•om•
missioners of Police bad themselves the power of punish-
ing their officers for such offences.

-Mr. Robinson, the superintendent of the P division,
who was in attendance to watch the case, remarked that
the Commissioners had the power to inflict fines; but, as
Mr. Wills had made other accusations against the con•
duct of the police generally, the Commissioners felt
anxious that the case should be heard at this court.

Mr. Wills repeated that his first-impressionZ that
Terry had been concerned with the party who had
broken into his house, but ho• was now perfectly satisfied
he was not, and he therefore did not wish to press the
case further.

Mr. Robinson here remarked, that the offence of which
the constable had been guilty was one highly calculated
to create a strong prejudice against the police force
generally. The defendant was, however, a young and
inexperienced officer, having been in the force only since
September last, and up to the present occurrence bad
conducted himself in an unexceptionable manner.
Mr. ELLIOTT repeated that he considered the conduct
of the constable improper, but as Mr. Wills did not
wish to have him punished to the extent of dismissal,
and knowing very well that this must be the result pro-
vided he imposed a fine, he (Mr. Elliott) thought the
justice of the case would be met by the Commissioners
imposing some pecuniary fine.
Mr. Wills said, that-as far as he was personally con-
cerned he wished to withdraw from the charge altogether.
The complaint was discharged on the understand-
ing that it should be taken before the Commissioners of
Police, to be dealt with as they might think proper.

RAIL. WAY INTEMAGENCE.
SOUTH DEVON RAILWAY.

The Chairman of the Board of Directors has recently
published an address to the shareholders of this com-
pany respecting the late abandonment of the atmos-
pheric mode of traction adopted on that. lipe. In his
preface he alludes to the close-borough system which
is observed by all boards of directors in Great Britain
in the re-election of those of their body whose turn it
is to vacate office, and says that no circumstance
would tend so largely to inspire confidence
amongst the proprietary in the management of their
affairs as the occasional infusion of new blood into the
directing body to the extent annually of one•fifth or
one-sixth of the whole number of the board, and that
many and great advantages would result from such a
course. He states that he has addressed the share-
holders in consequence of their adoption of the last half-
yearly report, by wh:ch it was decided to abandon the
atmospheric system on the South Devon line; that the
responsibility which devolved upon him as chairman of
the board of directors rendered it incumbent upon him
to lay before the shareholders the facts which compelled
him to draw conclusions so greatly at variance with
eleven of his colleagues; that the directors had ap-
pointed a committee to investigate the whole subject of
the atmospheric system, consisting of the chairman of
the South Devon, the chairman of the Great Western,
the chairman of the Bristol and Exeter, and a director
of the South Devon; and the result of their investiga-
tion having been laid before the board of directors, the
latter, after carefully balancing the various circum-
stances and considerations contained in the report of the
committee, came to the conclusion, with the entire con-
currence and on the recommendation of Mr. Brunel,
their engineer. thatit was expedient for them to suspend
the use of the atmospheric system, until the same shall
be made efficient at the expense of the patentees and
Mr. Samuda. In opposition to this opinion, the chair-
man of the South Devon states, as the result of his long
and laborious 'investigation of the various documents
prepared for the committee, that the following proposi-
tions were firmly established in his mind :—firstly, that
owing to the sharp curves throughout the line, and steep
gradients on that part of it between Newton and
Plymouth, the atmospheric system of traction is pecu-
liarly applicable to the line ; secondly, that the working
cost of the two systems is decidedly in favoiir of the
atmospheric ; thirdly, that the abandonment of the
atmospheric :system would necessarily involve a loss of
nearly 300,0001., and thereby entail a perpetual unpro-
ductive charge for interest of about 15,0001. per annum ;
fourthly, that as all the engines for working the line to
Plymouth, as well as those for the Torquay branch,
were on the eve of completion, it was essentially irn-
portent that a trial should be given to the system over the
steep gradients ; fifthly, that the offer of Mr. Samuda, to
effect
,the repairs and improvements in the longitudinal
valve, and to keep the same in good working condition
at a moderate and fixed charge for a period of twelve
months, would make it highly desirable to continue the
system at least for that period; sixthly, that if the loco-
motive power be substituted, a double line of rails should
be laid throughout; seventhly, that unless the company
are willing to pay the Great Western Company a charge
equal to is. 6d. per mile per train between Exeter and
Newton, and about ls. 9d. per mile per train between
Newton and Plymouth, for the use of their engines, a
further sum will be required to provide locomotive power
with its necessary buildings; and lastly, that the finances
of the company, after the completion of the line into
Plymouth and the Torquay branch, will not admit of
any additional expenditure. From the foregoing propo-
sitions it appeared to him that it would be most judi-
cious to make arrangements with Mr. Samuda for work-
ing the line between Exeter and Newton, and also to
work the inclined planes between Newton and Totnes,
for a limited period, to afford an opportunity of judging
whether such a deduction in the working cost could
be realised as to make it expedient to continue
the system. At a meeting of the committee at
Teignmouth he was greatly surprised to hear from
the engineer, who was present, that he had no
confidence in Mr. Samuda's longitudinal valve or in any
alteration of it, and therefore he could not recom-
mend the continuance of the atmospheric system upon
the South Devon line. These statements being so de-
cidedly adverse to those contained in the engineer's
written reports, he could not refrain from noticing to
him this discrepancy in his opinions. His reply was,
that a wrong construction had been put upon his reports.
The resolution for the discontinuance of the atmos-
pheric system was carried at the board by eleven direc-
tors out of eighteeen. On reference to the last report
of the directors the cost of the locomotive system was
stated to be 2s. 4i-d. per mile per train, and that of the
atmospheric 3s. lid. per mile per train. He then en-
deavours to show the manner in which the latter system
had so far, exceeded ls. per train per mile (the original
estimate of the engineer), stating that soon after the at-
mospheric apparatus was put into operation, it was dis-
covered that all the engines were from their mal-con-
struction more or less inadequate to the duty required
of them; they were originally designed to work at a
speed of from 18 to 20 strokes per minute, but it was
found necessary to work them from 25 to 30, and even
" imperfections" in the engines and other
parts
These
. of t
he apparatus required extensive altera-
tion and repairs, the additional expense of which, he con-
tends, could form no part of the ordinary working cost
of the system.
From the 2d of August (when the tele-
graphic apparatus was completed in each enginehouse)
to the 9th of September (when the system was disconti-
nued) a steady reduction occurred in the consumption of
fuel from thirty tons to twenty-eight tons per day;
whilst the quantity used from the 2d of March (the time
when the atmospheric system began to work alone) to
the 2d of August, was equivalent to forty tons per day.
fheshareholders six months,
whethere under great
He complains that the board should have discarded the
system after an imperfect trial
to
rial ot
diswadouvaldntnTbse He
e wiserappeals course to hazard a further ex-
penditure of about 6,0001 rather than incur the certainty
of a positive loss of 300,000/., added to the necessity of a
further expenditure of from 300,0001. to 400,0001. A.
part of the atmospheric property has already been ad-
vertised for sale, and it is intended to dispose of the re-
mainder as soon as the requisite arrangements can be
completed. He states that he feels firmly persuaded
that the atmospheric system of traction will yet triumph
over all opposition, and it is this persuasion that has
given him so much anxiety lest it should here•
after ho said that, having first concurred in its adoption,
he had, without sufficient consideration, also concurred
in its rejection, and consequently been instrumental in
inflicting upon the shareholders a ruinous and irretriev-
able loss. A sum equal to 6s. per share, if 6,000/. be
required, would be the total amount to be hazarded by a
further experiment for twelve months of the atmospheric
stem, which he believes will prevent the loss of
300,0001. (equal to 151. per share), and place the under-
taking in a favourable position.

It appears that the expenditure upon the atmospheric
portion of the railway, 20 miles in length (tbe whole
length of the South Devon being 50 miles), to the Ist
instant, amounted to 432,918 L, and the estimated value
of the materials, if sold, to 74,2221.

After the decided failure of the atmospheric system on
the Croydon line, upon which above 450,000/. had been
squandered, it was the surprise of every one connected
with railways, notwithstanding the mistaken confidence
of the chairman, the directors, and the engineer in its
success, that the South Devon shareholders should have
been so blind to their interests as to permit their property
to be wasted on mere experiments, which were before so
amply tested on the Croydon line.

SHREWSBURY AND CHESTER.-OSWESTRY EXTEN-
SIoN.—This extension of the Shrewsbury and Chester
line, which connects the mineral regions of Montgome-
ryshire, Welshpool, and Newton with the main line, and
the manufacturing districts, is now ready for opening.
LANCASHIRE AND YORKSHIRE.—ARDWICK EXTEN-'
sloN.—This extension, which has just been opened,
unites the Lancashire and Yorkshire on the north with
the London and North-Western, and Manchester and
Lincolnshire Railways, on the south. It has been con-
structed purely fore the accommodation of the immense
merchandise traffic of these districts, which has hitherto
greatly felt the want of the facilities of a free circulation.
The constructive cost has been 120,0001.

ttAILWA/ SHARE MARKETS
BRISTOL, Nov. 28.

STOCK ExcHnivem—The dullness which has characterised
the market for some days still prevails, and prices in most
lines are nominal.

LIVERPOOL, Nov. 28.

STOCK Excrtmcon.—The share market has been more
active to-day. Prices are fully maintained. The sales are—
Caledonian, Preference, 1/8 dis.—Lancashire and Yorkshire
(late Manchester and Birmingham), Fifths, 41/2 dis.—Lan-
caster and Preston, 12% dis.—London and North Western,
118—Ditto, New Quarters, 11s. 3d. p.—Leeds and Dewsbury,
38,4—Manchester, Sheffield, and Lincolnshire, Quarters,
No. 1, 8,/s dis.—Ditto, 101. Preference, 91. 16s. 3d. —Ditto
(late Great Grimsby and Sheffield), 301/2 dis.—Midland
Stock, 80 c.—Ditto, New Halves, 93N dis.—North Union
(A), 203—South-Eastern and Dover, No. 4, Thirds, dis.
—York, Newcastle, and Berwick (G. N. E. Purchase),l% dis.