The Sun.
London, England, 1846-11-12 00:00:00

defendant seated them, either by catching hold of them,
or in some other gross way. It appeared that the de=
fentlant had been given into custody for the att, and
though acquitted by a jury, opinion as to the act must
remain unaltered. It was alleged on the part of the de-
fendant that he was as much entitled to the deed in
question, and that he wished to make no ill use of it
whatever, but merely to prevent the common property
being squandered in law. However, the act was such a
one as should not be permitted in civilized society, end
to prevent which, indeed, was one of the great uses of
civilization.

thing, for the poor horse died. That part of the claim,
therefore, could not be made out.
The jury gave a verdict for 181. ss.

BANKRUPTC y.—(riiis DAY.)

(Before Mr. Commissioner EVANS.)
IN RE GOWER.—PRIVILEGE OF HER MAJESTY'S
SERVANTS.
In this case, which was under the Small Debts Act,
the defendant was summoned to show cause why he did
not pay a judgment debt of 5/. 18s. recovered against
him in the Court of Exchequer.
Mr. Maynard appeared as counsel on the last occa-
sion to dispute the jurisdiction of the Court, the de-
fendant being a Groom of her Majesty's Household at
Windsor.
The Learned COMMISSIONER then intimated his
opinion that no privilege could be pleaded against the
jurisdiction of the Court, and adjourned the case in order
to give the defendant an opportunity of appearing
this day.
The case having been called on, the defendant did not
appear.

Mr. BACON offered a few observations exculpatory of
his client, who did not deny the right of the plaintiffs.
His HONOUR decreed that Saunders should pay the
costs, and that an account should be taken of the rents
and profits of the property coming to Saunders, and that
the property t.e sold.
The Court rose at three.
(Before Vice-Chancellor Sir J. WIGRAM.)
GMON V. HOPPER.

This was a motion on behalf of the defendants to
second an amended bill, which had been so amended 133
an order of the Court, and praying for the costs. This
case, it appeared, had formerly come on for hearing, but
a difficulty arising in consequence of the absence of one
of the parties, liberty was given either that the matter
should stand over, or that the plaintiffs might file an
amended bill. The plaintiffs had adopted the latter
course, but had raised a question which was not at
issue in the original bill, making certain parties
not named therein as defendants, and drawing into the
question a matter quite beyond the due limits' of the
original subject of litigation. The matter had reference
to the sale of a ship, which had been sold to Mr. Hopper,
the defendant, who had been made a party to the suit
that was pending between claimants to the vessel in
question, prior to the sale.
His HoNoun said the proper order would be to ex-
punge the charge, and therefore he would make a decree
to that effect. The order had reference to the costs.
The other questions would be decided, when the pre-
eise question at issue in the cause came before the Court
for trial.

His HONOUR, then proceeded to recapitulate the pro-
ceedings, and held that the Learned Counsel who ap-
peared for the defendant, under the instructions of her
Majesty's Master of the Horse, had not offered any ex-
cuse, but merely pleaded that the Court had no jurisdic-
tion, he (the Learned Counsel) considered the defendant
to be guilty of contempt, and should accordingly issue a
warrant against him. If such a plea were admitted,
Peers, Members of Parliament, 'and others would refuse
to attend or give evidence either in law or equity ; but
it had been decided that they were bound to do so, and
even at quarter sessions a Peer had been committed for
refusing to give evidence.
A warrant was accordingly issued.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before the ASSISTANT-JUDGE and a full Bench of

Magistrates.)
ASSAULTING TIIE POLlCE.—Jeremiah Harrington and
Mary, his wife, the latter with an infant in her arms,
were indicted for a violent assault upon Henry Fitch, a
constable of the I` division of police; under the follow-
ing circumstances.

Police-constable Fitch, 111 F, stated that on the 25th
of last month, a tradesman, named Thomas Matthews,
came to him on his beat, and required him to go and
take the prisoner into custody for assaulting him vio-
lently. Observing that Matthews bore evidence of vio-

.--
lence upon his person, he proceeded- to the prisoners'
residence, in Dudley-court, Crown-street, for the purpose
of taking him into custody, where a largo mob, chiefly
of the lowest class of Irish had assembled, and when he
laid hold of the prisoner, he struck him and knocked him
down, and kicked him so severely that his ribs were
fractured, and he was taken to the hospital, where he
remained eight days. The mob encouraged tho prisoner
and held witness down on the ground while the prisoner,
Mary Harrington, brought a kettle of boiling water
which the male prisoner poured over him.
Mr. PRENDERGAST appeared for the defence, and
contended that, according to the provisions of the
Metropolitan Police Act, the prosecutor was not justified
in aprehending the defendant on a charge of assault
which he had not witnessed, more especially as the
alleged assault upon Matthews was committed at an
hour when, and close by where, a magistrate was sitting.
The Learned ASSISTANT-JUDGE, in summing up, said
he did not coincide in the law as laid down by the
Learned Counsel. Some time since the growing wants
of the metropolis requited that alterations in the powers
vested in constables, so far as cases of assault were con-
cerned, should be made ; and it was consequently
thought necessary to vest a discretionary power in
them, so far -as what were termed aggravated as-
saults were concerned ; such as where the party
bore evidence of personal violence, or other indica-
tions of having been attacked. He (the Assistant-
Judge) considered that a constable would have no
right in the greater number of cases to interfere, if two
or three hours intervened between the alleged assault
and the time of the application to him, his duty would
then be to refer the party to a magistrate; but when the
application was made immediately after the commission
of the assault, and the offending party was adjacent, and
that other circumstances were present to indicate an ag-
gravated assault, upon which the jury would be the
judges, he thought the constable justified in making the
arrest, and the parties violently resisting were guilty of
an assault. With respect to the female prisoner, al-
though her conduct had been very violent, he felt in-
clined to look leniently on her, because in her class of
life some allowance might perhaps be made for her feel-
ings towards her husband.
returned a verdict of Guilty, the
in consequence of the long confine-
ment TheLearnedthey
juryuhd
gaheda
said,vinalready undergone, he would only sen-
tence the prisoner to three weeks' imprisonment, and
the female to one week, the latter to be without hard
labour.

THE
_SUN", LONDON, THURSDAY EVENING, NOVEMBER 12, 1846.

rapidly at the moment of the arrival of the Dover train,
and absolutely endangered the lives of the passengers,
on their alighting and proceeding to leave the terminus.
That in his anxiety to procure a job he was quite care-
less as to the result of his furious driving, and when re-
monstrated with only made use of abusive language.
The defendant said he only did as others did to get a
fare, and that the railway policeman had a spite against
him for not treating him to gin.

Mr. SECKER said it was benefical to the public that
persons such as the defendant should be punished for the
reckless manner in which they endeavoured to obtain
fares at railway stations. He should inflict a penalty of
40s. on defendant, and at the same time he was desirous
that it should go forth to other cab-drivers frequenting
the various termini, that on all occasions when they
misconducted themselves in a similar manner, punish-
ment would be awarded.

EASTERN COUNTIES RAILWAY.
(THIS DAY.)
A special general meeting of the shareholders in the
Eastern Counties Railway Company was held this after-
noon, for the purpose of considering and determining on
the conversion of all the 141. 16s. shares of the Company
into shares of 201. each, by the payment of 11. 4s. and
addition of 41. bonus, to take dividends from the 4th
January next; and also for considering and determining
on the granting of equivalent advantages to the Northern
and Eastern Railway Company; and the meeting was also
made special for the purposes of granting to the holders
of Eastern Counties York Extension shares the right to
subscribe all further capital now required, or hereafter
to be required, for the purposes of the Company, until
the same be paid up in full.
Mr. GEORGE HUDSON, Chairman of the Board of Di-
rectors, occupied the chair.
The CHAIRMAN said the advertisement fully stated
the objects which had called them together, but it was
proposed, to meet the wishes of a large number of pro-
prietors, to make some alteration in the plan to be sub-
mitted to the meeting. It was proposed that instead of
issuing a 201. share, they should tail up 11. 4s. on the
141. 16s. shares, and issue in return a 151. share, and the
bonus would be distributed in the shape of a 5/. share.—
(No, no.) When he last addressed them, he was in an-
ticipation that, before he met them again, the line from
Ely to Betetborough would have been opened, but, for
reasons which had already been stated in the public
prints, they had been unable to accomplish that object.
He could state, however, that about the Ist of Decem-

ber the line would be opened for goods.—(Hear, hear.)
When he estimated at the last meeting the probable re-
ceipts for the present half-year, of course he fully ex-
pected that the Peterborough line would have come into
successful operation during that period, but, as it had
not, his estimate would be reduced. The receipts of the
half-year would be 250,0001, showing the largest in-
crease ever known upon any railway in a single half-
year, during which no additional lines had been opened.
The increase was 501. per cent., but in fairness he ought
to state that they had had the advantage of the eighteen
miles of the Eastern Union line, from Colchester to
Ipswich. At the last meeting he stated that the interest
on loans would probably be 44,0001., but as tine Ely and
Peterborough line had not come into operation the in•
terest would be reduced to 40,0001. The expenses of the

half-year, he believed, would be 90,0001., and those two
sums deducted from the 250,0001., would leave a
balance of 120,0001., applicable to a dividend, which
would, this half-year, be equal to 71. per cent., or, in the
aggregate, 114,000 L The result could not fail to be
satisfactory to the shareholders, while it bore out the
anticipations he indulged in at the last meeting.—
(Cheers.) The reason why they called the shareholders

- -
together was to place the undertaking upon a solid foot-
ing, and the proposition the directors were prepared to
make them was, in his opinion, equitable and just to both
parties. The new 51. share could not be called a bonus,
because it must be borne in mind the length of time the
proprietors received no return whatever from. the under-
taking.—(Hear, hear.) Considered in that light, it was
no bonus at all. He stated at the last meeting the
number of lines that had been then obtained in Parlia-
ment—and it had since been determined that these, as
well as others, should be constructed with the York
Extension stock—and until all the money upon that
stock had been called up and exhausted it was not pro-
posed to create any new shares.—(Hear, h( )ar.) It was
only intended originally to use that stock fin. lines north
of Cambridge, but hereafter it would be us led as he had
mentioned. Five pounds had already been. called upon
it, and in the course of July next the lines to which it
would be applied would come into operatiio n, and the
York Extension would participate in the div Wends to the
extent of their money expended. Another 54 it was
proposed to call, and this would yield suilic Tent for the
lines granted last session. Now, when the LZ 4s. should
be paid up, the capital of the Company would be
7,300,0001., while the length of line opened would be 176
miles, giving an average cost of about 41,(100/. per mile.
When the new line for'which Acts were obtained were
constructed there would be additional mileare of 66 miles,
reducing the average cost to 37,4001. per mile, and making
the total mileage 242 miles of Eastern Co ut lies proper.
The lines they intended to apply for next session he
would now briefly mention. Last session they got an
Act, enabling them to get to Wisbech, and from there
they proposed to extend the line to Spahillmg, where
they will construct some large and import ant docks.
From Spalding they would proceed to Ige,,vark, from
Newark to Lincoln, from Peterborough to B, 3ston, con-
necting them with the Ambergate line. Fro m Cambridge
they proposed to go to Wear and to Bedford, giving them
access to the proposed South Mid la-ed. From
Bedford they would proceed to Hitching. There would
be a line in connexion with a West End t mninus from
Tottenham to Guildford ; another from. London to
Southend ; another from Stratford to Vi ctoria Park,
and another from Braintree to Halstead, me king in all a
total of 225 miles. That added to the lines .'tie • had before
mentioned, would make the mileage of the Eastern
Counties 437 miles, at an average cost of 27,5161. per
mile.—(Hear, hear.) Now, if they only ( )btained half
of those lines, there would be enough to consume the
whole of the York Extension stock. He car ue now to the
revenue part of the question.—(Hear, hear.:) He had
made a calculation of the probable returns. When the
28 miles of new railway came into operatic in in Decem-
ber, they estimated that the weekly re t urns would
average 12,000/. per week, at present they..' were net-
ting 9,5421. per week, and with that i'nerease he
calculated they would be able to divide: 7l. per
cent. at the next half-yearly in eating, and
71. per cent. in July following.—(Hear, :hear.) He
thought, therefore, they were in a very pro sp erous state,
and without further preface, he would proc, led at once to
move a resolution authorising the directors to act in the
manner he had stated.—(Hear.)
A PROPRIETOR wished to know if York: ,Extensi ons
would participate in future creations.
The CHAIRMAN was understood to reply that they
would when they bad been paid up.
A number of proprietors suggested tha .t the easiest
and shortest plan would be, to adhere to the original
proposal, and instead of issuing two sets o f stock, one
for 151. and the other for 51., make the 1:31. into a 201.
share at once.

The CHAIRMAN said, he would put the qt te stion to the
meeting, and let the result decide it.
The question was accordingly put, and c arried by an
immense majority.
Mr. ARLETT asked if the holders of the 1'.41. 16s. were
not entitled to the two hundred and seventy thousandth
part of the whole profits according to their .ALet.
The CHAIRMAN said they were.
Mr. ARLETT—WeII then, suppose it is not convenient
for a shareholder to pay up the 1/. 4s. tilt next July,
have you the power to compel him to do oth.f3rwise?
The CHAIRMAN replied, certainly not :; but then
those who paid up the 11. 4s. would be rt weiving divi-
dend on 201., while those who did not p 'ay till July
would only receive dividends upon 141.165.
Mr. ARLETT—And yet you admit that the 141. 16s.
shares are entitled to a certain proportion of the whole
profits ? _ _

The CHAIRMAN—It is purely a matter of internal
arrangement which the Act sanctions, and if you do
not choose to come into it you will be a loser..---(Hear.)
The resolution, as amended by the meetii tg, was then
put and carried unanimously. The shares 'will carry
dividends from the 4th of December.

Some discussion then arose as to the exped ie•ncy of re-
pudiating the connexion with the Harwich Steam
Packet Company, but the CaszumeN stated Via t it would
be a subject for the consideration of a futui-o meeting,
and the matter dropped.
Thanks were then voted to the chairmem, and the
meeting, which was densely crowded, broke up.

NORFOLK ESTUARY.
(THIS DAY.)
A general meeting of the shareholders c ►f this Com-
pany was held to-day, at the British C offee-house,
Coekspur-street, Lord George Bentinck in the chair,
to consider the adviseability of continuing the
project, which his Lordship considered to be a most
discouraging one. By the report, it appeared that
the land to be reclaimed from the sea, under the
power of the Act of Parliament, is 30,000
acres, the first ten thousand of which are likely to be
brought under culture in 1860, yielding a bonus of
28,000/4 the second portion, in 1870, yielding a profit
on sale, of 214,0001.; and the third in 1870, givu ig a fur-
ther profit of 83,000/. ; the capital paying four per cent.
inter est in the mean time.
Sir JOHN RENNIE, the engineer, estimated the cost of
warping and reclaiming the land, including the sea-wall,
at 15/. an acre for tho first portion, 171. for the second,
and 201. for the third.
RAfter much discussion, the SHAREHOLDERS present
decided on proceeding with the undertaking, by a divi-
sion of thirty-two to eighteen.
Thanks were then voted to the chairman, and, the di-
rectors were re-elected for the ensuing year.

s,pEEDY APPREHENSION OF
COWAP, THE COLLIERY CLERK.
Considerable excitement has bt en occasioned in the
county of Durham, by the absconding of W. H. Cowap,
the clerk of Lord Howden's colliory, which is situated
near Hartlepool On inquiry the following particulars
have been obtained from the most authentic sources
relative to his strange and culpable conduct. It appears
that on Friday, the 23d October, Cowap received, as
usual, a cheque for the colliery pay, and proceeded to
Sunderland the same morning. He got the cheque
cashed at the Branch Bank of the Northumbeland and
nurham District Banking Co mpany, the colliery
'-ers
thed
not amount,retu boutral;_tot h
7eooc
colliery,
ehriye,fl chiefly
andin
was occasioned by the circumstance. On
;ng made, it appeared. that after getting
at Sunderland, purchased a gold
'4a silver,n d
received
but d
-•eller's—apair of must:tacos, im-
n of Mr. Whitelaw, a hair-
^d to cut his hair short ;
-Hum of a journey, at
'-et at the Monk-
Istile Railway
-4s, as to

ban),
gold an,
much surpr,.
investigation be..
the money, he ha,,
chain and a ring at a jeu
perial, and wig, at the shot
dresser, whom he also employ,
au arousing book, to beguile the it.
a bookseller's, and then obtained a tie.
wearmouth station of the York and Newt),
or Leeds, Inquiry being telegraphed to 1.4?,!..

whether a Sundeland ticket had been received at that
place on the Friday, and the answer "No !" being
speedily received, he was at once pursued to
York, and on being searched for, it was as-
certained that he had been at a house of ill-fame,
living in a reckless manner, and had departed in com-
pany with a young woman for Hull. On the arrival
of his pursuers at that port, they learned that he
had sailed for Antwerp only about an hour before they
reached the place. To Antwerp they proceeded in
quest of him, and on their arrival, had the satisfaction
to find that from the prompt measures taken by his
noble employer, be was already arrested by the autho-
rities in Belgium, as will appear from the extract below,
from a Belgian paper, and may shortly be expected in
this country. Cowap had only been a short time at the
colliery, and it need hardly be stated that he was highly
recommended for the situation by respectable parties,
thereby causing the fullest confidence to be placed in his
integrity. On inquiry, however, it now appears that his
past and present conduct did not warrant these recom-
mendations, which have involved the parties who gave
them in a justly painful censure, and heavy responsi•
bility, for which they should be held accountable as an
example to others.
(Extract from a Belgium paper.)
Hier une capture de grand importance a e 6 faits par
M. adjoint de police Willims. La police avait recu
avis qu'un jeune commis d'une maison des environs de
Newcastle en Angleterre, avant disparu emportant une
somme d'. I pen pros 20,000 francs, et qu'il paraissait
setre dirig6 vers la Belgique. Ala reception de c6t avis,
la police corn menca ses investigations qui ne resterent
point infructueuses csir le jeune homme fut arrOte par
ledit commissaire—adjoint I I Hotel de Flandre en cette
vile encore nanti de la plus grande partie des valeurs
derobees. Une somme d'environ Fr. 2,000 avait seule
disparu.
Une chose que paraitra pent atm extraordinaire c'est
que Is lettre d'avis venue d'Angleterre a 6ti raise le 27
I la poste 1 Newcastle et que le 29, a mid l'individu
signale se trouvait deja entre les mains de la justice.

EASTERN INSTITUTION, COM-
MERCIAL-ROAD.

A grand vocal and instrumental concert was given on
Tuesday evening, in the great hall of this Institution,
which is one of the best adapted rooms for musical en-
tertainments in the metropolis, and was completely
crowded by ia fa.sh!onable and judicious audience. The
programme was rich and varied, and the selection did
great credit to Mr. Lee, whose own performances during
the evening proved
.his admirable fitness for the office
which he holds in the establishment, as director of the
vocal music class. Of his fair and gifted coadjutors on
the present occasion, Miss Rainforth, Miss Dolby, and
the Misses A. and M. Williams, whose charming powers
are already well appreciated by the public, and gave the
greatest brilliancy to this concert, it will be superfluous
here to offer any elaborate praise, but it is barely justice
to mention that the gem of the evening was Haydn's
canzonet by Miss M. Williams, the words from Shak-
spere—

" She never told her love—
But let concealment, like a worm i' the bud,
Feed on her damask cheek—
Shd sat like patience on a monument,
Smilling at grief."
Her sweet, clear, full, mellow treble, in some tones de-
scending to the tenor, and the very rare purity of her
style, are admirably adapted to give the finest effect to
the combined morceaux of the two masters. The gen-
demon whose talents contributed to the eclat were, Mr.
Lockey, Mr. Lee, and Mr. Seguin. They acquitted
themselves to perfection, and were much applauded.—
Mr. Cohan produced a new fantasia on the pianoforte,
one of his most masterly compositions, in the perform-
ance of which he displayed powers of execution equalled
by few, if any, of the masters of that instrument The
theme of tho fantasia is " The Huntsman's Chorus,"
(Der Freischutz), with which, in the variations, the ce-
lebrated waltz from the same opera is combined in har-
mony with extraordinary skill. It is a masterpiece of
counterpoint. Being encored, Mr. Cohan substituted
another new fantasia of his own, on the " Carnival of
Venice," of equal brilliancy, but of less length. Both
pieces were rapturously applauded. Mr. Macfarlane's
performances on the cornet-a-piston, and Mr. Dando's
on the violin, also elicited great and merited applause.
Mr. L. Emanuel, late of Vauxhall Gardens, who is already
appreciated by the public for his merit as a conductor,
presided at the pianoforte, and adequately sustained his
previous requtation.