The Sun.
London, England, 1848-12-05 00:00:00

JENNY LiND AT OXFORD.

OXFORD, DEC. I.—The appearance of Jenny Lind in
Oxford to-day wai the occasion of as exciting an in-
terest as is usually evinced at the commemoration, and
we have seldom known the City of Palaces to present a
more animated appearance than she has done to day.
The University very generously placed the Sheldonian
Theatre at the service of Mr. Lumley, with the sole sti-
pulation that the concert should take place by daylight.
Jenny Lind arrived at the Angel yesterday afternoon,
and has been unable to go in or out of her hotel without
being followed by a loudly-cheering multitude. Mr.
Lumley took up his quarters at the Star.
By half-past twelve to-day the theatre, a vast building,
unrivalled for its classic beauty and its perfect propor-
tions, was filled to the very ceiling, and yet the admir-
able arrangements that were made prevented the slightest
confusion or inconvenience. The vocal performers, in ad-
dition to Mdlle. Jenny Lind, were Signori Belletti and F.
Lablache, who were received with well-merited applause.
But the greeting which was accorded to Jenny Lind ex-
ceeded in heartiness anything of the sort that we ever
witnessed. At the conclusion of the Swedish melodies
the thunders of applause were overwhelming ; and the
energy with which the undergraduates (aided by not a
few of their superiors in years and gravity) gave her
" three times three, and one cheer more," completely
overcame her ; and she was heard to declare to Mr.
Lumley that she had seen nothing this year equal to the
animation of the scene.

From a desire apparently to testify her gratitude for
this reception, she came forward and sang with exqui-
site beauty the National Anthem, though it was not in-
cluded in the programme.
The performance comprised selections from favourite
operas, which we need not particularise; still less would
it become us to criticise the execution of her whom the
world has pronounced unrivalled. We will only say
that the magic tones of her voice, combined with her
grace and amiability, never succeeded more completely
in enchanting the ears and winning the hearts of her
audience.

At the conclusion of " God save the Queen," the
under-graduates commenced that hearty and unbiassed
expression of their sentiments, which is, we understand,
their invariable custom at any assembly in the
theatre. Scarcely, however, bad the names of the
Queen, the Duke of Wellington, and Mr. Disraeli
been greeted with the laud applause which is ever
volunt
_accorded to them in Oxford, when any further ex-
r"sum of opinion was checked and stifled by the
into=' t.
and of musiciansa,
which suddenly playing a sort of out-
to_ the courtesy gf the Oxonians forbore
purpose of prevena the
P -uhle 't is very generally thought, was an
ingenious device o' 1
tion of sentiment ,41111e*
part of the authorities for the
was, met witreieeterccess its ingenuity de-
possibly unwelcome declara-
tt be anticipated. The ruse
ant of the collegians.
—if ruse it
served, to the great disapp
number of ladies in all
we hear Lail iterest and
The appearance of a large
,soaranedwhat woundetd the
quarters of the house imparted no a
gallantry
oafttrthacetioouxotnoiathnes scweanse
by their not
having been able, from the circumstance above men-
tioned, to render the customary homage of a,
which the cry of "A cheer for the ladies" nevarrfpailisusteo
elicit.

UNIVERSITY INTELLIGENCE.
OXFORD, DEC. I.—ln a Congregation holden this
day the following Degrees were conferred :
Masters of Arts—Rev. J. W. Murray, Oriel College;
Sir F. E. Scott., Bart., Christ Church; Rev. J. Cr.
Ryde, St. John's College; Rev. C. T. Corrance, Trinity
College.
Bachelors of Arts—C. L. Eagles, New Inn Hall;
E. R. Hampden, New Inn Hall; W. Rotten, Wadham
College; J. H. Snell. Magdalen Hall; R. F. Hesse},
Magdalen College; C. H. Ridding (dewy), Magdalen
College; W. H. Smith, Brasenoso College; J. G. Smith
(scholar), Trinity College; R. 13. Kennard, St. John's
College; E. H. Bradby, Balliol College; F. N. Rogers,
Balliol College; S. Edwardea (Postmaster), Merton
College; J. C. Wharton, Worcester College.
The following have (ken elected Scholars of Balliol
College :—Mr.Stone, from the Charterhouse School ; Mr.
Irving, from King's College.
Also elected to Exhibition in the same College—Mr.
oaf ,Exeter College; Mr. CM) 91 Qgcrd city.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Dec. r.
LIBEL-LEATHAM V. SIMMONDS.

This was an action to recover compensation in da-
mages for two libels, published in Simmonds' Colonial
Magazine, of December, 1844 and March 1845. The
case was undefended; but the defendant had put several
pleas of justification upon the record.
It appeared from the statement of Sir F. TnEsicEn,
who appeared for the plaintiff, that the articles arose
out of the negroes of Rossi, in the island of Dominica,
revolting in 1844, because they imagined that a census
of them, which the Governor had directed to be .taken,
was preliminary to restoring them to a condition of
slavery. The plaintiff, a member of the Assembly, an
attorney, and an estate-agent in the island, interested
himself in quieting the infuriated negroes, with whom
he had some influence. It was alleged by some that
he had committed acts of violence towards the negroes,
a bill for felony was preferred against him in conse-
quence, but it was ignored by the grand jury. Not-
withstanding the magazine of the defendant renewed the
charge against him; and accused him of brutal and vio-
lent conduct.

The purchase and publication of the magazine having
been proved,

The jury (a special one) found a verdict for the
plaintiff for the amount at which the damages were laid,
namely, 5001.

JANES V. WILSON.

This was an action brought by the plaintiff, who is a
solicitor at Walsall, against the defendant, the ion. Mr.
Wilson, of Uppingham, to recover 616/., claimed to be
due to the plaintiff for moneys actually disbursed by
him on account of a railway originally projected from
Wolverhampton to Norwich, but which project was sub-

sequently limited to a railway from Harborough to
Wallington. The :defendant pleaded non assumpsit
payments, and that his promise had been obtained by
fraud and misrepresentation.
Mr. Sergeant Shee, Mr. Wordsworth, and Mr. Phip-
son, appeared for the plaintiff Land the Attorney-General
and Mr. Jones for the defendant.
Henry Tucker produced the registration of the Down-
ham Market, Swsffham, and Wallington Railway Com-
pany, dated November 5, 1845. Also a registration dated
January 5, 1846, of the change of the name of the com-
pany to the Harborough and Wallington Railway
Company.
Cross-examined--The book shows the change of
names from the commencement. It does not show that
one project was part of the other.
Mr. Robert Abrahams—l am a civil engineer. I re-

member surveying for the llarborough and Wallington
Railway in the latter part of 1845. The line was about
ten miles long, with branches. I attended on the 9th
February, 1845, a meeting at the Sussex Hotel, Bouverie-
street, of several gentlemen connected with the railway.
Ido not know if the defendant was there. I made a re-
port to a meeting of the promoters, but cannot say if it
was on the 14th of November. I afterwards completed
the survey. The plans were deposited in time for Par-
liament. I received 2001. from plaintiff for the survey,
soo❑ after the work was commenced. I afterwards ap-
plied to plaintiff for a further sum. I obtained a bill
from him for -300/., for three months. Before it became
due I applied for further money, and commenced pro-
ceedings against plaintiff. This bill was not paid. My
claim was 932/. 13s. I afterwards received, I think,
2501., making 4501. altogether. This was about twelve
months since.

Cross-examined—The bill produced was dishonoured.
I was employed by plaintiff, and rather doubted his se-
curity. That was one reason I wanted the money. I
sued plaintiff.
Frederick William Seaman—l am a solicitor at Wal-
sall. I was clerk to plaintiff. I attended a meeting of
the company on the 3d or 4th of November, 1845, at the
Sussex Hotel, Bouverie-street. Defendant was there.
He took part in the proceedings. It was discussed what
part of the line should be surveyed. The defendant was
appointed vice-chairman of the managing committee at
the first meeting. Mr. Abrahams was appointed engi-
neer at a meeting when defendant was present. Ido not
recollect the date. Mr. Abrahams was directed to sur-
vey the Harborough and Wallington line, and prepare
plans for the purpose: of going to Parliament. The
plaintiff was present, and instructions were given to him
to prepare to go to Parliament.
Cross-examined—Plaintiff, myself, and Dunstan got
up the line. I never heard him say tkat he had under-
taken to bear all the expenses, and looked to the calls
only. My salary from him was 801. a year. Plaintiff
charged Si. ss. a day for his attendance, 21. 2s. a day for
wine, and 4/. 10s. a day for assistance. We had four or
five assistants.

Re-examined-51. ss. a day was at the time a usual
charge for a solicitor,, and 21. 2s. a day for a person in
my position. The line I assisted in getting up was the
long line ; the short line was adopted after the defendant
joined.

- Mr. Dunstan—l was the secretary of this company.
I was present at the meeting in November, when Mr.
Abrahams made his report. I was present when de-
fendant was elected vice-chairman of the committee of
management. It was on ,November 3. I remember
letters of allotment being sent out. They never pro-
duced any effect. Circulars were sent out on January
23. One was sent to defendant. A meeting was held
on February 9. Defendant and plaintiff were present.
Plaintiff produced a statement of the liabilities of the
company. The amount was stated to be upwards of
2,00 C/. Plaintiff told the :committee he had paid
Abrahams 2001., and given a bill for 300/.; and if the
committee would pay the liabilities of the company, he
would not charge for his own gervicr,s. Defendant then
told plaintiff' to :make the best terms he could with
Abrahams. Defendant made a calculation on the sup-
position that each committeeman subscribed what the
expense to each would be. Several others did the same.
It was stated that it would be about 401. each if all
subscribed.

Cross-examined-4 was a promoter of the original
line. I signed this circular with the plaintiff. I cannot
tell how many I signed. I acted as secretary pro tern.
At the meeting of .Z4ovember 14, the committee gave me
orders to register in the name of the Harborough and
Wallington Railway Company;
Several letters between plaintiff2and defendant were
then read, from which it appeared the defendant's prin-
cipal object in becoming a member of the committee was,
because the projected line was to run very close to his
father's (Lord Berner's) property, and he therefore
wished to have some control over it.

The ATTORNEY-GENERAL then addressed the jury for
the defendant, and called the following witnesses:—
Mr. Thomas Brown—l am a solicitor at Uppingham.
I was one of the local agents of this company. Mr. Sea-
man called on me, and requested I would be a local
agent. I refused at first. He said there would be no
responsibility, and to prove it he would leave me a gua-
rantee signed by the plaintiff, from whom he came. He
left some with me to circulate. I sent a prospectus to
defendant, and I alio sent one:of the guarantees to him.
Mr. Power, solicitor, confirmed this evidence.
Letters from the plaintiff to Mr. Power were then put
in, and the circulars in which the plaintiff requested pay
ment of 50/. each from Mr. Power's clients in discharge
of all liabilities. The guarantee was also put in. It was
signed by the plaintiff and Mr. Dunstan, ;and declared
that " they would not call any member of the committee,
to be or become, in their personal or individual capacity,
liable or chargeable then or thereafter, for any salaries,
costs, charges, matters, or things whatsoever that might
be, or had been done by plaintiff and Dunstan, or their
direction, and that they would look solely to the funds'
of the company for their remuneration."
Mr. Sergeant SHEE replied.
Lord DENMAN was about to sum up the evidence; but
was stopped by
The jury, who said they only wished to know what
was his Lordship's construction of the guarantee.
Lord DENMAN read the guarantee, and said This
opinion it applied to the short line as well as the original
project, and that it was not, as was contended, a gua-
rantee only against the solicitor's charges, but against
all charges generally which might be mourned by the
company.
The jury thereupon immediately returned a verdict
for the defendant.