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

COURT OF COMMON PLEAS, Dec. 4.

(Sittings in Banco.)
This was one of the days on which it was appointed
to hold sittings in Banco, but in consequence of the
Judges having to sit in error in Queen's Bench cases, the
Court did not sit in Banco, but the Chief Justice inti
mated that the full Court would sit to-morrow, and pro-
ceed with the new trial paper.
(Sittings at Niai Prius in Middlesex, before Chief Justice
WILDE and a Special Jury.)
WEST V. BAXENDALE.

Mr. Sergeant Wilkins and Mr. Hawkins appeared for
the plaintiff ; and Mr. Sergeant Byles and Mr. Wiles
were for the defendant.
The defendant in this case is a member of the firm of
Pickford and Co., the well known carriers, and the
plaintiff was formerly in the service of Mr. Joseph
Baxendale, the defendant's father, at Finchley. The
action was one of false imprisoment.
' From the evidence it appeared that the plaintiff had
been in the service of the defendant's :father for eight
years, as coachman, and remained in such service until
within a short period previous to the time when the
alleged cause of action arose, when he was discharged.
On the evening of the 6th of March, the butler, on going
into the pantry to fetch some teaspoons, found that a
tray, with a quantity of plate which had been used at
dinner, had been taken away. A search was made for
the missing property, but it was not found, and the
plaintiff was arrested at his residence in Gloucester-
mews, Portman-square, two days afterwards, on suspicion
of having stolen the plate. Upon:being arrested he was
locked up in the station-house, and from the entry in the
charge-sheet it appeared that he was taken there on the
Bth of March, at a quarter-past nine o'clock at night,
" on suspicion of stealing a quantity of silver plate, on
the night of the 6th instant, from the pantry in
the house of Joseph Baxendale, Esq., in the parish of
Finchley," and that the "person giving the charge was
Mr. Lloyd Baxendale, the defendant. The next morn-
ingTthheedpelaintiff was taken before a magistrate, by whom
he was dischargedtendantplferaodmed a specialcustody
custody.
plaintiff had been coachman to
the p edae,fen defendant's
stating
ant that,father,
from which employmentqainte he had been discharged, and
man. That on the
had
the neighbourhood Ain')
that he was ac
thenf
usuallye endeavoured
deav reside,ou Finchley,
robbery he was seen in
with the premises of that gentle-
any
lleayw,faulplhaucseinwehsse,reahned dthidatnhoet
on the evening of the felony, toh avoidd being seen or recognised. That
he was specernsoirmg towards Mr. Baxendale's
. and directly before it was
committed,
robbery to pass throughwath heard shortly after the
road, whose footstep, in the
premises. That a
lodge gate into the
and his wife, was like opiniontt of the lodge-keeper
pass through the gate in question aboutcaling
which
thatwer
dtineuo.s
tt
accustomed
the plaintiff;
and that a person saw somebodyareseefb the plaintiff
near the lodge dogs were kept,
to bark at strangers, but that the said dogs did
a& the piano 111A9 passed through the gate afereige

Upon the part of the defendant numerous witnesses
were called to prove the various allegations of this, and
upon their evidence it was contended that the defendant
had reasonable grounds for suspecting that the plaintiff
had committed the robbery, and that he was justified in
giving him into custody.

llis LORDSHIP left it to the jury to say whether the
defendant had reasonable grounds for suspecting the
plaintiff. If ho had, they would find their verdict for the
defendant; but if not, it must be for the plaintiff.
The jury, after a few minutes' consideration, found a
verdict for the plaintiff—damages 251.

COURT OF EXCHEQUER, Dec. 4.
GIITTERIDGE V. BOWERMAN.
This case, which was part heard on Saturday was re-
sumed and concluded this morning. The plaintiff is a
master cooper, carrying on business in Bermondsey, and
the defendant is a butcher, living in the same neigh-
bourhood. The action was brought to recover damages
for injury done to the plaintiff 's pony-chaise, in a colli-
sion with the defendant's cart, charged in the declaration
to have been occasioned by the negligence of the defen-
dant's servant. The plaintiff himself was thrown out
and much hurt.
The jury, after retiring for a few minutes, returned
with a verdict for the plaintiff. Damages, 201.
(Before Middlesex Special Juries.)
DRARDEN V. THE LONDON AND NORTH-WESTERN RAIL-
WAY COMPANY.
Mr. Baines and Mr. Unthank appeared for the plain-
tiff ; the Attorney-General and Mr. Bovill for the
defendants.
This was an action to recover compensation in damages
for an injury of a most serious and melancholy descrip-
tion, sustained by the plaintiff in consequence of the al-
leged negligence of the servants of the London and
North-Western Railway Company. It appeared that the
plaintiff was a child of seven years of age, the son of
Mr. Peregrine Bearden, a gentleman living at Birken-
head, in Cheshire, who sued for the plaintiff in the
present Iction. On the 3d of August Mr. Bearden left
Birkenhead, and travelled on the London and North-
Western Railway to Euston-square station with his
family, which consisted of two female servants and five
children, aged from eight years down to a baby in arms.
The train was a long ono, consisting of 19 or 20 car-
riages, and arrived at the platform at the Euston-square
station, about six o'clock in the evening. At that time
the plaintiff was standing at the door of the carriage,
with his chin resting on his hand. The train was still
in motion, when the door on which the plaintiff was
leaning suddenly opened, and he fell out upon the plat-
form. He was immediately caught by the moving car-
riages, and dragged down between the platform and the
wheels, where he was frightfully crushed in several places.
When the first alarm had subsided he was removed to
University College Hospital, where it was ascertained
that his right leg was completely smashed, the foot of
the other much hurt, and the great toe much shattered.
The injuries were so serious as to render it neces-
sary to amputate the right thigh and the great toe of
the other foot. The declaration charged that the door
was opened by one of the servants of the company,
which was denied by the defendants, who resisted the
claim for compensation on the ground that, after a close
examination of their servants into the particulars of the
accident, they had complete evidence that the door had
been opened from within, and not by any one in their
employ.
Mr. Bovaix, on behalf of the company, said that the
directors had already expressed their deep regret at so
unfortunate an occurrence, and the sufferings it must
have occasioned the plaintiff; but it was their duty to
see that the funds of the undertaking, over which they
presided, were not unnecessarily diminished; and as
they had found upon inquiry that their servants were
not to blame in the matter, they felt bound to defend
the action.
The LORD CHIEF BARON having summed up the evi-
dence with great minuteness,
The jury retired for half an hour, and then returned
into court with a verdict for the plaintiff, with damages
6001.

EXCHEQUER CHAMBER, Dec. 4.
(Sitting in Error from the Court of Queen's Bench.)

THE BARON DE BODE V. TEE QUEEN.

In this case, which stood for argument to-day, Mr.
Sergeant Manning appeared for the Baron de Bode, and
was about to address the Court, when,
Mr. Baron PARKE inquired whether there was any
chance of his being in a situation to close the caso to-
day. The Court could not sit after to-day; and if this
case could not be concludeA, it would be as well not to
enter upon it.
Mr. Baron ALDEIIsoN—I must go to Chester to open
the winter assize to-morrow at nine o'clock, so that it is
impossible that I could ba in attendance after to-day.
Mr. Sergeant MANNING certainly could not undertake
to say that he could bring his own argument to a termi-
nation to-day.
The ATTORNEY-GENERAL, who appeared for the
Crown, thought that the case might well be postponed,
for he did not think it could be finished to-day; and he
was also compelled to give his attendance officially at the
ensuing assize, _

Mr. Baron PARKE—Very well. Then the case must
stand over necessarily to the next error day in Hilary
Term, when it will be placed at the head of the list.

COBBETT V. HUDSON.-CAPTURE UNDER ATTACHMENT,

Mr. Conn Err, the plaintiff in error, appeared in per-
son on a writ of habeas corpus, and argued the case in
support of the writ of error, which involves the ques-
tion of the legality of his detention in the Queen's Pri-
aon on on cataohmont issued ant of the Court of Chan-
cery in the case of " Oldfield v. Cobb?te" for a contompt
of that court in refusing to pay the sum of 411. of costs.
Mr. Cobbett said this was the first case in which the
question had been raised whether a capture could be jus-
tified under an attachment without a commitment. He
contended that it coull not, alleging that the plea on the
record did not show any warrant for his committal into
custody; that all gaolers must be able to show a warrant
for the detention of any prisoner, and that no keeper
could execute a writ on a person not in custody. He
urged that the Act of Parliament which consolidated
the Queen's, Fleet, and Marshalsea prisons recognised
nothing but commitments, and he likewise objected that
no terte to the writ was given, and that it had not been
endorsed in the name of the officer, as required by the
statute.

Mr. M. H. WATSON appeared to support the judgment
of the Court below, but

__
The COURT decided on postponing the further hearing
of the case till next term. 0

INSOLV EN2 DEBTORS' COURT Dec. 4.
(Before Mr. Commissioner LAW.)
IN RE JOHN BAKER.

The insolvent, an assistant to a Sheriff's officer, ap-
plied to be discharged, on sureties, until the hearing.
Mr. Green opposed for the Duke of Brunswick, and
Mr. Sargood supported. •
It appeared that the insolvent was in Whitecross-
street Prison, at the suit of the Duke of Brunswick,
for the damages and costs in an action for defama-
tion of character. The damages wero 21., and the
costs 100/.

Mr. GREEN submitted, that as the allowance of bai
was in the discretion of the Court, it would not be excl..
cised in the present case.

His HoNara said, in cases of slander, it had been the
practice not to discharge on sureties, because there was
a prima facie case of remand.
Mr. SARGOOD urged that the smallness of the damages
(405.) would probably take the case out of the ordinary
rule. It was not for him to anticipate what the judg-
ment of the Court would be, but he ventured to hope
that it would be merely nominal, and, therefore, he
trusted that the Court would grant the application.
Mr. Commissioner LAW refused to grant the appli-
cation. It was perfectly certain, that if the insolvent
was opposed on the bearing, there must be a judg-
ment, and it was useless to discharge him on recog-
nizances.

POLICE INTELLIGENCE.
BOW-STREET.
A young man named Jonathan Wellington, of respect-
able appearance, was charged with assaulting Louisa
Fisher, a young servant girl, who waited upon him at
his lodgings, at 21, King-street, Covent-garden.
The prosecutrix, a modest-looking girl, about 16,
stated that she went into the service of Mr. Moore, at
21, King-street, Covent-garden, on Friday night. She
saw the defendant on Saturday, and waited upon him
while he was at dinner. He asked a few questions of
her then, as to whether she had come from the country,
and which she liked bast, but did not take any liberty
with her. After she had gone to bed at night, he camo
into her roem without his clothes, and got into her bed;
but she successfully resisted his attempts, and he left
the room, begging her not to tell any ono, and offering
her money to keep silent. She got up early and went
to her mother's, to whom she related the circumstances.
Cross-examined by Mr. Frazer, the prisoner's attor-
ney—She did not scream beeause he prevented her doing
so, and their conversation could not be heard in the
i
house, as there was no one sleeping n the floor imme-
diately underneath her room. The prisoner had come
up from that floor. Witness might have said to the
prisoner, on waking up and finding him in her bed,
" Oh, is that you, George," but she did not know. She
knew a young man named George, who lived in her
father's house, and who kept company with her. She
might have been thinking of him at the moment ; but
she soon recognised the prisoner's face and voice. He
had brought a candle with him into the room.

By Mr. JARDINE—The young man " George" never
came to me in my bed-room in his life.
The.witness further swore that she never had any im-
proper acquaintance with a man in her life.
Mr. Frazer cross-examined the witness as to a letter
which she had been writing to her mother on the Satur-
day night, and eventually produced it, without saying,
however, by what means it came into his possession. It
turned out to be a perfectly harmless production, there
being merely a complaint that " she was very unfortu-
nate," having got into a place where there were three
single young men lodgers, and two apprentices to wait
upon, evidently alluding to the severity of the labour
she had to undergo.
The landlord of the house, Mr. Moore, proved that
no one slept on :the floor immediately underneath the
girl but the prisoner. He had known the prisoner a
few months only, and thought, from what other ser-
vants had said of him, that he was not usually fond of
their society.
Mr. JARDINE committed the prisoner for trial for
the assault, consenting to take two sureties of 501.
each, and his own recognizances for 1001., to answer
the charge.

WORSHIP-STREET.
A person of lady-like address and deportment, but ex-
hibiting every appearance of decayed gentility, who gave
her name as Helen Herbert, and stated that she lived in
Robert-street, Hoxton, applied to Mr. Hamnaill, at the
conclusion of the business, for his assistance under the
following distressing circumstances:—
The applicant stated that she was the daughter of an
officer LO the army, named Hamilton, who had sorted

with credit and distinction in one of the West India re-
gime ntsi, and who, as a reward for his services, had been
appo int 2d by the Duke of York, then Commander-in-
Chief, Town Major of Galway, which office he conti-
nued to fill up to the time of his death, which took place
abou t el.ghtec:n months since. During the latter period
of hi s s -I.vice, however, the state of his health became
so prees rious, that he was compelled to make annual
visits to the French coast in the summer months, accom-
panied by the applicant and two orphan nieces, who
were entirely dependent upon him for support and pro-
tection; and it was during the last of these sojourns
that h.e expired, leaving her and his nieces wholly un-
providecl. Having, previously to this bereavement,
received honourable attentions from a French gentleman,
name d I Terbert, holding an appointment in the dockyard
at Cb erbourg, she accepted his overtures, and married
him; ba.t her husband, upon the revolution breaking out
shortly. after, was deprived of his office ; and, although
he has: mince made repeated applications to be reinstated,
or for a pension in compensation for his twenty-six
years' Sf srvice, he had been unsuccessful, in consequence
of the 'unsettled state of the Government, in procuring
either,. :and was now at Cherbourg, in as destitute a eon-
dition as herself. After enduring much privation in that
country, she determined upon coming to this, in the hope
of joining one of her cousins, who had come
over :some time previously, and procuring em-
ploynaent as a governess or dressmaker, for both
of which capacities she was perfectly competent,
having received an excellent French education; but on
reaching London she found that her cousin, Emma
Jones, had fallen into the clutches of a gang of swindlers,
and been committed for trial from this court, together
with her mistress and another, for obtaining a large
quantity of goods under fraudulent pretences from a
linendraper in the City-road. The mistress was con-
victed, and is now undergoing a sentence of twelve
months' imprisonment; but it being evident the young
woman was entirely innocent, she was at once dis-
charge d by the Court, and handed over the care of the
applict mt. All their efforts to' obtain employment of
any description had been wholly fruitless, and as both
were 310 W in a state of extreme destitution, without a
friend. to help them, and neither of them had tasted food
for ti vo days, she had been advised in her extremity to
apply to the magistrate, and save them from actual star.
yaticor c.

The applicant handed in her father's commission and
a number of passports and letters from Mr. Featherston-
haug;tt, the Consul, the Mayor of Cherbourg, and other
gent If ;men, in confirmation of her statement; and Holland,
the -warrant-officer, who had been directed to make in-
quiri..sl about her, reported that she and her cousin had
lived so privately, and with such an appearance of re-
spectta bility, that it was not until a few days since that
their Landlady had discovered the starving condition they
were in.

Mr HA.MMILL said it was certainly a most distressing
case, and.one so worthy of the consideration of the public,
that lii sincerely hoped the press would notice it, as his
means of benevolence were very limited. He regretted
he could only present the lady with 10s. for her imme-
diate exigencies, but trusted her wants would be more
Tiber ally responded to by others.
The applicant expressed her thanks for the Magis-
trates kindness, and left the court.

FOREIGN FUNDS.
lIAMBURGU FUNDS, Nov. 27.
Bills. Money,
Hanoverian New Loan, 5 per Cent.'.. • • 103 103
Bank Shares .....................
Anglo-Russian Loan -.— — •
Russian Metal., 5 per Cent 5.......
Ditto Ist serieslnserlption.........
Ditto, 3d and 4th series ...........
Ditto, in Certificate, 5 per Cant....
New 4 per Cent., Hope and Co. .... • •
Ditto Stieglitz .• —.......• •••• • • .• 79% 79
Spanish New 5 per Cent • ... 814 8
Ditto 3 per Cent .• ——..••••• • •• •• 17% 16%
Anglo-Swedish Loan ........ •• •• .. 96
Ditto, 1846.............• ••• • • • - • 93%
Anglo-Portuguese Loan, 234 per Cent • •
Dutch Actual Debt, 234 per Cent......
Ditto 3 per Cent. .......... ••• . ••
Norwegian Loan, 1848 .. ——. • • •• • • 95 95
Anglo-Danish Loan, 3 per Cent ...• • • 63 62 II
As
National Bank Shares .. ..... • • .......
RAILWAYS.

98
93%

Hamb. Bergd. ••.• • • •• .-
Ditto, Priority Shares ... .. ••• • . • u.
Berlin and Hamburg ........ ...... 63% 63
Ditto, Priority Shares .. • •• •• 96
Cologne and Minden - ... •• .• 75% 7534
Ditto, Priority Shares .. •••• •• • -
Mecklenburg.. •• • •
Altona and Kiel
Gluckstadt
•• •• ••
_Hanseatic Steam Company . •..
DUTCH FUNDS.—AxsTEaDArs, 'Nov. 28.
Money. Bills
:Actual Debt, 2% per Cent— ••• • • 47 47%
Ditto, 3 per Cent •••• • • • • 56 56%
Ditto, 4 per •Cent... .• •••• • • • • 72% 73
.Amort Syndic, 3% per Cent...—. •• • •
,Commercial Company, 43i per Cent ..
Spanish New 5 per Cents. •• . • .•
Ditto, 3 per Cents.
...• • ••
•••
East India Loan, 4 per Cent...... •• •.• 71%
Exchange on London, at sight .... • • 12
Two months.— ...... ••• • .. 11 95
On Hamburgh, at sight .. • • 34 93
Two m0nth5......... ••• • • • 34 81
On Paris, at sight...—. • • 56 62
Two months. .... ••••.. 56 18
Discount 3 per Cent.
PRUSSIAN FLlNDS.—Brattari, Nov. 23.
gt•Schuld Sch., 3% per Cent •• • Bills. Money •
76% 76%
Prttss.English Bonds, 1830,4 per Cent..
Foreign Exchanges
On London, three months
On Paris, two months— .... •••
....80 11-12
On ll4mbargh, two months .... • • • 150%

33 33%
86% 86%

71%

6 21%

1495

BELGIAN FUNDS.—BIIIIIISELS. Nov. no_
Actual Debt, 2M per Cent
Rothschild's Loan, Five per Cent ........
Loan of Thirty Millions, FourperCent.• • •
Ditto Three per Cent • .................
Ditto Thirty-seven 31illions, ditto
Ditt0,ditt0,1840...... .......... ...... 78
Ditt0,ditt0,1842.........
Ditto, .. •• •• ................ 72
Ditto, 1838. 51
Ditto of the City, 1832 .......• •• .• • • 93
Ditto, 1843 •
Bank of Belgium-- .
Issue of 1841 ........................96
Exchange on London, 23.50.

RAILWAY INTELLIGENCE.
CORNWALL RAILWAY.—An extension of time of two
years having been granted by the Railway Commissioners
to this company, for carrying on and finishing their
works, the contractors have suspended operations, paid
off their men, and disposed of their working plans. The
dearth of employment in mining pursuits renders this
rather unfortunate for the operative portion of the dis-
trict, who looked forward to a continuance of the works
throughout the winter. A sum of 200,0001. has been
expended in connexion with the scheme, but it has
nearly all of it been for preliminary outlay in connexion
with Parliamentary expenses, and but little upon actual
works.

Genzsnonorscri.—There is little or no appearance of
progress, or prospect of opening, in the railways in this
neighbourhood. The works at the Trent Bridge alone
manifest any symptoms of activity. A great number of
labourers are out of work.—Lincoln Mercury.
CHESTER AND HOLYHEAD.—The Carnarvon tunnels
on the cofltracts between Conway and Bangor are being
arched over with brick in a most effective and superior
manner. It was at first thought that the rock, through
which they had been cut, would not require this pre-
caution ; but various falls having taken place, the con-
tractors deemed it necessary to be at the expense of
arching. Several massive blocks of the Anglesey lime-
stone have been lately placed in position as the coping
stones of the tunnel entrances. They weigh from
twenty to twenty-seven tons each. The blasting of the
Swilley reeks has long been desired by all parties in-
terested in the trade of the Menai Straits. These ob-
stacles are situated in the middle of the Menai naviga-
tion, and it is on one of them, called the Britannia Rock,
that the centre pier of the great bridge is being erected.
It was agreed by the contractors and the trustees of
the Carnarvon Harbour, before the commencement of
the works, that a portion of the rocks should be blasted
by the former ; and these gentlemen have stated, in reply
to a communication from the trustees, that they are
willing to fulfil the agreement as soon as they are in a
condition to remove the scaffolding, which will be about
May next. The piers, it is understood, are now eighty
feet in height.

ADMIRALTY RATLWAYS.—Notices have been served
during the last few days upon the necessary parties at
Portsea, and other places, with a view to the commence-
ment of operations in laying down the system of short
railways or tramways at the various arsenals and har-
bours.

EASTERN UNION RAILWAY (now 51} miles, being
amalgamated with the Ipswich and Bury Railway).—
Traffic for week ending Nov: 25, 1848, 1,277/. ls. 10d.;
ditto for week ending Nov. 28, 1847, 1,129/. 19s. 51d.
AMIENS AND BOULOGNE RAILWAY.—Open from
Amiens to Boulogne.—Traffic from Nov. 19 to
Nov. 26, 1848 :—Passengers, 24,934 f. 50c.; merchandise,
8,026 f. 85c. ; total, 32,961 f. 35c. (1,3201.) Receipts
since March 15, 1848, 49,4661. Total, 50,786 L
GRANTHAM.—The survey of the Great Northern
Railway is rapidly proceeding in this neighbourhood.
To those who know the locality it may be interesting to
state that the line crosses Spittlegate-hill at the termina-
tion of the white posts and rails, takes down the newly-
erected fever hospital at the corner of the union-house
premises, through Peacecliffe-hill, and skirting Jericho
Wood, proceeds in the parish of Hougham towards
Newark. It is a remarkable circumstance that the sur-
veyor:was enabled to pass his line through the Peace-
cliffe plantation without cutting down a tree. It is ex-
pected the navvies will be at work in this neighbourhood
within four months.—Lincoln Mercury.
WEST FLANDERS RAILWAY.—Gross traffic for the
month of October, 1848, 1,0651. Bs. 4d. This amount
includes the sum received by Government for the com-
pany's account.
EASTERN COUNTIES AND THE SHIPWRECKED GER-
MAN EMIGRANTS.—The directors of the Eastern Coun-
ties brought to London, gratis, 100 of the German emi-
grants who were shipwrecked off the coast at Harwich,
in the Burgundy. Had it not been for the facility
afforded by the railway company,'they must have begged
their way to London. The Consul-General of Saxony
and the Ilanse Towns has forwarded an acknowledgment
to the directors, expressive of the liberality thus exhi-
bited, as an act of sympathy and fellowship which will be
felt and appreciated by their countrymen is Germany
and throughout the world.
SOUTH DEVON RAILWAY.—The traffic for the week
ending the 24th November was: For passengers, 1,361/
115. ld.; Great Western Railway, 474/. 45.; South
Devon Railway (including 1511. 15s. 4d. for goods),
1,0391. 2s. sd. On the Ist inst., two trains up and two
down, from Exeter, to Newton, were discontinued, and
only one down train working between those towns now
runs.

THE WHAEPDALE VIADUCT ON TEE LEEDS AND
THIEEHL.—The top or last stone of this stupendous piece
of masonry was safely deposited by the contractors on
Thursday. The vilduct consists of 21 arches, each of
60 feet span.
OPENING or nig PAXBRE AND MEM DOM MAR-