The Sun.
London, England, 1846-04-08 00:00:00

public road. In the absence of any evidence to the contrary
they declared the standing orders not complied with.
Mr. J. PARKE, on the park of the promoters of the Bill,
said it was very hard upon hem to be called on to give evi-
dence aka being a private road when it was the practice of
all Committees to lay the onus of proof upon the petitioners.
The CHAIRMAN said he could not help it. The Committee
were resolved.

The remaining allegations of the petition were then pro-
ceeded with, some being admitted by the promoters, and
others not being proved, and at about a quarter past one
o'clock the Committee adjourned till the 21st of April.
The CHAIRMAN, before leaving the room, gave notice to
the promoters of Bills, that the motion of Lord Dalhousie, in
the House of Lords last night, had no reference to Select
Committees.

Sub-Committee No. 6.
This Committee assembled to-day at half-past one o'clock.
Captain Jones in the chair.
The Committee resumed the consideration of the petition
against the

vranTancltsztxrz.z AND LONDON (lIAMIP.-
TON AND DANMITILY LINE).
The CHAIRMAN said that it was the determination of the
Committee to report that the standing orders had not been
complied with, with respect to the property marked 31 in
the parish of Chesterton. The report would run thus:—
That the standing orders had not been co:Aplied with,
inasmuch as the property, which consisted of a
stable, &c., in question was omitted, although such existed;
and also that on the books of reference the said property was
described as a private carriage-road, which in addition con-
tained a cow shed, stack-yard, &c.
The next allegation was that a free board in the parishes of
Bishopton and Chesterton, the property of Lord Willoughby,
was omitted. _

Evidence was adduced to support this allegation, which,
however, was not sustained.

SECONDARIES-(THIS DAY.)
(Before Mr. Secondary Porrart.)
EVE V. HAWKINS.
AN AWKWARD MISTAKE IN A BANKER'S ACCOUNT--
The plaintiffs in this action are cattle salesmen in Smithfield-
market. The defendant is a butcher in a large way of
business. The claim was for 4/. 10s. for some lambs sold to
the defendant.
Mr. THomas appeared for the defendant, who pleaded pay-
ment. It was admitted by him that the lambs had beensold,
and to prove the payment he called
Hawkins, the defendant's son, who gave evidence that
on the 11th of August, 1843, he was with his father in Smith-
field-market when he bought five lambs, at 18s eacb, of the
plaintiff, and went to the bank of Jones and Co., in Smith-
field and paid 41. 10s. In the after part of the day he bought
four more lambs at 235. of another party, and also paid 41. 12s.
into the came bank. It was the custom of the market
to pay into the bankers, and for the " penman;' of the
salesman to ascertain that the money was paid
before he allowed the sheep to be delivered. The
lambs were taken by the drover; but a week afterwards
a demand was made of the money for them, on the ground
that it had not been paid; the dispute led to defendant leav-
ing off dealing. After that Mr. Eve one day called to de-
fendant, and asked how it was they did not deal ; and de-
fendant asked him how it was possible they could after such
a mistake about the lambs ? Mr. Eve replied, " Oh, I have
nothing to do with that, I have had my money from Jones.
Cross-examined—Could not be at all mistaken as to
the payment of the two sums, and could point out
the clerk to whom he paid it. The person present was the
one. He could not so distinctly remember the second party,
RS There was no dispute, and he did net call it to his memory.
Every salesman had a book at the bank, and the entry et
payment ought to be made at the time.
Mr. THOMAS said he could call many witnesses to show the
custom of the market, and that many similar mistakes had
occurred.
The SECONDARY said he could not take evidence on the
last point.
Mr. SMITH, the plaintiff's attorney, said he would admit
the general custom. He would then call witnesses to prove
that occasionally credit was given, and also the clerk to
whom the money was alleged to be paid, who would sweat
he did not receive it.
William S. Stride was then called—Was clerk to Messrs.
Jones and Co. Did not think he saw defendant on the I ltb
of August, 1843, but was certain he did not receive any
money.
Mr. THOMAS said he should not ask the witness a question
after he said he could not remember whether he saw the de'
fendant or not.
Walker, "penman" to the plaintiff, proved the de.
livery of the lambs. He did net inquire whether the money
was paid or not.
Stride (brother of the first witness), proved the entr,
of 41. 125., received from defendant by him, but knew nothing
of the 4t. les.
Cross-examined—There were six clerks. He did no!
know, and would not swear, whether receipts had been re
fused to defendant and others, but receipts never were given
The entry was made to the credit of the party paying. 41
10s. stood on the book to the debit of defendant. The debit
were taken from the salesmen's account at night. Could 'lel
say whether Jones had paid plaintiffs.
Another clerk was called—He did not remember about tin
transaction ; he believed, however, the money was not paid
Defendant was a ready money customer, except when hi
was short of the amount, and then the difference stood over.
This closed the plaintiff's case.
Mr. THOMAS—Gentlemen of the jury, is it necessary fb
me to address you ?
Several of the jury—No, no!
The SEcortpany—Gentlemen of the jury, it is a queetior
entirely for you. The defendant's witness swears positive:
as to a perfect recollection, and that the plaintiff, Eve, M'
he had the money.
The jury immediately gave a verdict for the defendant.
The Court then adjourned till to-morrow morning, to trl
a case specially appointed.

BANKRUPTCY.-(THIS DAY)
Only two of the Commissioners were sitting, and thl
business was not of the slightest interest.

NIAJILBRO-STREET.-(THIS DAY)
James Readiman, a person of very shabby appearance,
charged with uttering a banker's cheque for the sum of:S
as., supposed to have been stolen from the person of
Clay, of Basingstoke, Devon, or accidentally dropped b:
him in the street, in the neighbourhood of Covent-garde'
The following are briefly the facts of the case:—
On the 2d of February last Mr. Clay received a clieCla
for the above amount, on Messrs. Twining and Co., Strand
bankers, drawn by Mr. Moseley, of Bedford-street, Covent
garden. Shortly afterwards Mr. Clay discovered that ii
had lost his pocket-book, in which the cheque was placed
Information of its loss was immediately given at ail
bankers, and on the following day the prisoner presented th
cheque to Mr. Louis Exerton, baker, of No. 5, Earl-streol,,
Seven-dials, stating that he had received it from t"
employer, and requesting cash for it. Mr. Exerton, knowitil
him as a customer, gave him the amount, and in the course°
business paid it away to his miller, and in seven days aft°
he received notice of payment being refused. Search
then made for the prisoner, but he absconded from the neigh
bourhood. Information was given to the police, and Sergea"
John Wells, No. 1, of the C division, succeeded in tracing ou
and appreheming the prisoner at a lodging he bad taken, 11
No. 28, King-street, St. Giles's. On being at first charge'
with being the party who had uttered the cheque to n
Exerton, he flatly denied it, but afterwards admitted
fact, and said his wife had picked it up is the street in th
neighbourhood of Covent-garden. The prisoner is a Gerno
tailor.

Mr. MALTBY asked the prisoner what statement he wisll
to make now on the subject P—The prisoner said it was WI
his wife picked up the cheque in the street.
Sergeant Wells said that there had not been time to WO
municate with Mr. Clay, who is at present at Basingstoke.
Mr. MALTBY ordered the prisoner to be remanded un'
Tuesday next.

Lady Peel and family have gone to - Dray ton-manor
and to-morrow Sir Robert Peel also leaves for his scat, where
select party is to assemble lbr the brief recess.
JUDGES CHAMBEP.S.—The chambers of Mr.
Cresswell, the vacation Judge, as also those of the several or.;
Judges in Sergeants'-inn, will be closed for the holidays on Few'
Saturday, Monday, and Tuesday next.
ST. CLEMENT DANES.—In this parish 500 warren/
for distress, to recover poor-rates, have been issued.
MIDDLE TEMPLE.—The Middle Templ' Church ha
been hung in mourning since the death of Mr. Sheperd, who OS
Bencher of the Temple.
EFFECTS OF SIR R. PEEL'S TARIFF.—The feat-
,„
the graziers as to the effects of the free admission of live stock 1111
the recent Customs' regulations, operated but faintly at the side
auction, a few days since. of the stock of Mr. Holland, of Carte
ton-house, Boston. The average price of hoggets of ordinary gun:
being 495. ; ewes and lambs (pairs) fetched as high as 31. 17a. 7:1
yearling beasts, 81. ; and other articles in proportion.—llow-
Express.
WALTHAM ABBEY, APRIL 6.—Last night, about ball
blew
fortunately eleven o'clock, a powder-mill, situated in Town Mead, ba
fortunately no person was there, it being Sunday night, and the
turday night's charge of powder taken off. The cause appnsrs t:? 4,
the following :—There having been much rain fallen on the Sattl...,
and Sunday, occasioning a push or swell of water, the tumbling ye,
gates not being drawn up, the mill was set in motion by the ',l
flowing of the water, inundatimg the lower part of the mill, and
stones having nothing to resist them were propelled round with 01:,
velocity as to cause ignition of what powder was under them, blowlnB i;
roof away and causing other damage. The spot where this occlre
is about 600 or 700 yards from the back part of the town, and le,
other mill had fired no one can tell what would have been the c
quence.
The Oiri
the Duke of Cornwall, Captain lif:d
yiL,ss:t-e-ainSo.suhTipHAMPToN, APRIL 7._
neCdEotmliaAnntorning at the Motherbank, with the East India s!
Chinaertl mails from Alexandria, which were landed here in a '0
steamer, and will be forwarded to London by the mail-train tO4siti
row morning. Her dates are -Alexandria, March 21 ; Malta, 26a
and Gibraltar, April 1. The Cornwall has a very valuable V,„,j
and the following passengers :- Dr. Baker, Mr. Crozier, Dr. .
Bishop Whelan, Mr. Woolaston, Mr. Lowry, Mr. Warden, a,..C-0
and servants ; Captain Tolmin, Mr. Ireland, Mr. Heckle ; t“-
Bin
aßnrdo wseni:v child,ants rds a. esrtie•awnatrs
t;
of Longford and servant; Mrs. Leckie, children, and servants „ej
M.
sTeraNin,aPniter'M3risr.sil al
son, Messrs. Henlip and Mitchell, engineers; Miss Spooner, s11_:,11
Saunder,, Master Wellesley, and Mr. Boswell. The Corn,' gis
expected to be released from quarantine to-morrow or Thufoite
morning. The same company's steam-ship Madrid, Captain it
ham, left the docks at three P.M. this day, for Gibraltar, rifoll
usual mails, a full cargo, and twenty-five passengers. Tt,e„eets
Markham,
jell..
cri.iessi3ted
West India home bound mail-packet the Avon is hourly
wick the West India mail. She is due this dal . tit
From Paris, we hear of an artistic mission oblos
be undertaken by M. Papety in Greece ; and a commission g_.,0•14
M. Simart, to execute the model of a (till-length statue of the Z.v1i1.401
Napoleon, for a shrine, making part of the tomb which Ar•
is erecting in the Church of the Invalides. On one hand it is 4010
that the statue is to be of :marble ; on another we find bronze 0.
of, with incruatrations of ivory and precious stones.--itthec I°lo.oo
REPRESENTATION OF SOUTH LANCASHIRE.—uPQ-ire=o.
of 7,000 of the electors of this division of the county haYl" err
affixed their signatures to the requisition to Messrs. VD'
Brown.—Lirerpool Times.
,05e
SUSPECTED INcENDIARIS IN LAMBETH.-1- ba%lrr
quence of three fires, all attended with considerable dainsig`tsarr;
taken place in "Stamford-street, Lambeth, the coroner fofor
William Carter, Esq., has deemed it prudent to have .
for a thorough investigation into the circumstances this 'hates
fires alluded to occurred within ten days, and in gal '-
threatened not only the loss of property but of life.