The Sun.
London, England, 1851-01-28 00:00:00

EVENING, JANUARY 2B, 1851.

had become of us. Towards evening two ships
passed the isle. As the sea was now more calm I
and G. Shipp got into the boat to put out ; the boat
wa-4 half full of water before we had cleared tee
breakers; we attempted to gain one of the ships but
could not. We turned back for the isle, but the sea
wai so rough that when the boat reached the shore it

was capsized by the waves. It was then that my
companion was drowned. It was my good fortune
to be saved, and the boat was thrown on the rocks. I
sought my companions in misfortune, whom I found
on the north bank of the isle engaged in con-
structing a grotto, in which we remained until the
9th of December, the day when we were saved
by the generosity of Captain Bernard. The chief
nutriment during the twenty days we were on
this island consisted of snakes, crabs, and aquatic
birds."

RAILWAY ACCIDENT IN SCOTLAND.
In consequence of the extremely heavy rain which
fell over nearly the whole of Scotland on Monday
last, the banks at the heavy cutting between Lan-
rencekirk and Marykirk, on the Aberdeen line of
railway, were much injured. In several places, for
some distance, the open channels for draining off the
water from the fields above the line had overflowed,
and taken down considerable portions cf the face of
the embankments. Two miles south of Laurence-
kirk, as a cattle train was passing through the cut-
ting, between seven and eight o'clock on Monday
night, part of the embankment sunk forward upon the
line. The engine passed clear, but the trucks and
waggons were caught in the earth slip, and the entire
train was thrown off the line. The stoker was slightly
hurt, but no other person in charge of the train was
injured. The trucks were chiefly occupied by cattle
and sheep. Some of the cattle were much injured,
and will require to be slaughtered. I❑ one truck
twenty-seven sheep were killed. Several of the
trucks and waggons were broken, and the rails for
a short distance were twisted off their beds, and
some of them were broken. As the luggage train
from the south, due at Aberdeen early in the
morning, had not arrived, a pilot engine preceded by
two hours the morning mail train, to ascertain the
cause. One or two engines had also arrived at the
south end of the break early in the morning ; but it
was found impossible to clear the line and repair the
rails in time for the mail train, which leaves Aberdeen
at ten minutes past six A.M., and the passengers and
mails were passed over it to a new train. At that
time the line presented a wrecked appearance, partly
covered with broken trucks and earth. Only a small
part of the embankment shaken had slipped, but a
much larger portion threatened to fall, and a deep
chasm of five or six feet wide, a much greater depth,
and 20 to 30 yards in length, had been formed at the
top of the embankment, so that a very large quantity
of earth will require to be removed, as the first heavy
fall of rain, or even the force of the engines passing,
might bring the damaged bank entirely down on the
line. The means of meeting any derangement of this
kind are far from perfect. The passengers lost 40
minutes by the accident, which was unavoidable ; but
as the mail train had left Perth on the arrival of the
north train, the latter was detained there nearly three
hours to join a train from Edinburgh at Greenhill.—
Glasgow Constitutional.

THE SOAP TRADE.—On Saturday a meeting of
the soap trade of Liverpool was held to consider the pro-
priety of nominating a deputation to London on the question
of the soap duty. We believe also that, on Saturday, a
meeting of the African Association was held on the same
subject, at which Mr. T. B. Horsfall presided, and it was de-
termined to forward a petition to the Lords of the Treasury,
urging the repeal of the duty, and, if necessary, to follow up
that step by a petition to their Lordships. It is in contem-
plation to hold a meeting in Liverpool to consider the de-
sirability of renewing the agitation for the repeal of the tea
duties.

EFFECT OF HUNGER ON A Fox.—One of our city
policemen, while on duty near Westgate-bridge, at one
o'clock yesterday morning, observed a fox pursuing a cat
across the bridge towards the city. The cat leapt into Hip-
wood's yard, where " bold reynard " followed, and so
injured himself with the jump, that the guardian of the
public peace nearly made a capture of the varmint. I❑
the morning, having crossed the river in the night, he was
found in the meadows, and after a chase, was run into a
pool near Over Bridge, and killed by a dog.—Ghicester
Chronicle.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Jan. 27.
(Sittings in Banco.)
LORD BROUGHAM, EXECUTOR OF THE LATE QUEEN
DOWAGER, V. THE LORDS OF THE TREASURY.
(Continued from our Afternoon Edition of yesterday.)
The Solicitor-General, Mr. M. D. Hill, and Mr.
%Velsby, appeared to show cause against the rule. It
was not here intended, on the part of the Lords of the
Treasury, to raise the question which had been re-
ferred to when this rule was moved for, relating to
the jurisdiction of this Court, to issue the mandamus
in this case.
Lord CAMPBELL intimated a doubt whether such
an objection could be made, considering that if the
jurisdiction did not exist the claimant might have no
other means of trying the right.
The ATTORNEY• GENERAL said that he should begin
his argument by contending that on the score of jus-
tice, there was no ground for the claim now put for.
ward. lie did not know how the claim was to be
supported.
Lord CAMPBELL said that the claim was supported
on the words of the Act of Parliament under which
the annuity was granted.
The ATTORNEY-GENERAL, before going into the
law of the case, wished to call attention to the facts.
The late King died on the 20th of June, 1837. In
the first instance a doubt had arisen whether the
whole quarter's payment should then be made, or
whether the payment should be made on the calcula-
tion of the ten days alone; but upon reference to the
law officers of the Crown they gave a clear opinio❑
that there could be no apportionment of the quarter,
but that the whole of the quarter was payable on each
of the days mentioned in the statute. I❑ consequence
of this opinion the Queen Dowager received the whole
of the quarter, which ended on the 30th of June,
1837, and her Mjesty continued to receive the an-
nuity till the 30th of September, 1849, on which day
tine last payment was made. Her Majesty died
on the 2(1 of December, 1849 ; and the
question now raised was, whether the execu•
tors of the Queen Dowager were entitled to re-
ceiTe the whole of the last quarter, or a proportionate
part of the quarter calculated from the day of the
last payment to the day of her death, or not to re-
ceive anything at all for that quarter. He should
contend that the annuity was k'only due and payable
on the days specially mentioned in the Act of Par-
liament, and that there was no apportionment of any
quarter. Except on that construction of the Act, the
payment of the whole quarter made on the tenth day
after the late King's death was erroneous. Now it
was clear that that payment had been correctly made.
But, if so, then this claim could not be supported.
This construction was the only proper one. But
supposing the right 'o apportionment to exist, then
the fats of the case showed that the claim was an-
swered. For if the rule of apportionment was to
apply to the end of the annuity, it ought equally to
apply to the beginning of the annuity ; a❑d, if so,
then it was clear upon the facts of the case that the
annuity had been overpaid. The general law appli.
cable to annuities at the time that this annuity was
granted was applicable to this annuity. That legis-
lative declaraton of the law was correct, and was war-
ranted by the universal practice of conveyances.
Lord CAMFIIELL here suggested that the question
being one of considerable importance, it would pro-
bably be as well that the rule for the mandamus
should be made absolute, and that the mandamus
sbculd issue, and the case be put on the record, so that
the opinion of a higher Court might, if necessary, be
taken.

Mr. Justice COLERIDGE remarked that that migh
be done without delay, as there were no facts in dis.

pate,

- Lord CAMPBELL added, that that would be the
most convenient course, on account of the circum-
stances referred to by the Recorder of London at the
time he moved for the rule.

POLICE INTELLIGENCE
MARLBOROUGH-STREET.
A well-dressed man, who gave the name of Clarke,
but who is known to the MendicitySocietya
with a
wbeagsginbgroluegtthetr.wberfioterer bi‘yirt.heßinnagthnaetno, charged
" Bath Joss,"
having attempted to obtain money from the Marquis
of Anglesea by false and fraudulent representations.
,Mr. Beer, of Cambridge-street, said he was secre-
tary to the Earl of Uxbridge. Last week several
letters were received by the Marquis at Uxbridge
House, Old Burlington. street, purporting to come
from one Robert Clarke, and asking for pecuniary
assistance. The Marquis gave him two or three
letters, and, by his direction, he submitted them to
the Mendicity Society for investigation. Captain
Wood, of the Mendicity Society, called at Uxbridge
House, and it was arranged that witness should write
a letter to the applicant Clarke, to be called for at the
post-office in 13lackfriars-road, as requested by the
applicant. Witness wrote a letter, enclosing a shil-
ling, and stating that the money was in aid of the ap-
plicant's present wants, but if the case turned out to
be one worthy of consideration further assistance
should be given.
Horsford, Mendicity-constable, said he
went to Uxbridge House, and received directions as
to the mode in which the writer of the begging letters
was to be apprehended. He went, with another con-
stable, to Blackfriars•road, and kept watch at the
post-office, when a female called, and asked if there
were any letters for Mr. Robt. Clarke. The post-office
keeper said there was a letter, but as it was registered
it could only be delivered to the person to whom it
,w.v•
oa a
prisoner,
us
ldd dpr eo sbssaeabd. T
i dl y
she
callh would
female,
the
course w
informh o
owi'
.I\a
tsihre. thed Clarke,a fey. sho of
who
thethlyo
afterwards the prisoner came into the shop, and re-
presenting himself to be Robert Clarke, the letter was

given to him. Witness recognized him es an old
acquaintance, and when he left the shop he followed,
and saw him open the letter and go down a bye street.
Apparently suspecting something, the prisoner threw
the letter away and ran off. Witness's fellow-
constable, Bird, went in pursuit and secured him. He
received charge of the letter written by Mr. Beer,
which the prisoner had thrown away.
Thomas Davis, porter to the Marquis of Angle-
sea, proved that the female, recognized as the pri-
soner's wife, had left a letter for the Marquis at
Uxbridge House.
The letter represented the writer as an old sailor, 76
years of age, in great distress, and as having served
under the command of the Noble Marquis's brother
so far back as 1794.
The prisoner said the Marquis could not deny the
truth of the statements in the letter. The circum-
stances had happened to prisoner's father, who bad
authorized him to write the letter.
Mr. BINGHAM asked him if he could produce his
father ? The prisoner fenced with the question a good
deal, and at last admitted, if twenty years were allowed
him, he could not produce his father.
Mr BINGHAM did not believe a single word about
the letter having been written at the request of the
prisoner's father. He believed the whole story was
a fabrication ; and being of opinion that he was a
rogue and a vagabond, he should send him to prison
for two months.

power in the matter, and could give no directions
The sergeant way certainly placed in a must awkward
position, bu* he could not assist him.

•
The parties then retired, when, after some delay, in
the course of which neither party exhibited the least
inclination to part with po,se,mion of the captain, it
was mutually agreed, without prejudice to thi-ir rival
claims, that both parties rhouid accompany the prisoner
to the War-office, and take the opinion of the autho-
rities there, whither they repaired.
In the course of the afternoon it was communicated
to the magistrate, who had acted throughout this
matter with much kindness and consideration, that
the military had given Captain Nestor over to the
civil power, who had safely lodged him in White-
cross-street Prison.

The watch, which was the subject of the prosecu-
tion, was restored to the person from whom it had
been stolen.

THAMES.

Michael Campbell, a cadaverous, disiipated-look-
ing fellow, aged 38, and William Campbell, his son,
a boy only 10 years of age, and who appeared much
younger, were brought before Mr. Yardley, charged
with stealing 161. from the person of Margaret
Chapman.

The
prosecutrix, who resides at Poplar, received
161. from her husband on Saturday, and after making
a mai purchase at a porkbutcher's shop, she put her
money i❑ her pocket under her gown, and was wait-
ing at the corner of a street for a friend uear a crowd
of persons assembled round a stall where nuts were
being sold, and the elder prisoner was shooting at a
target. All at once she found her gown was ruffled
up, it was raised as high as her arms, and the younger
prisoner was close to her, and put his hand in her
pocket, took out the whole of her money, and pulled
down her gown again. He then made off and joined
the elder prisoner, who went round the stall and
made off. The woman was quite dumbfounded at
the dexterity and quickness with which the robbery
was effected. As soon as she recovered from her
surprise she went after the prisoner, but could not
overtake him.

In answer to questions by Mr. YARDLEY, the pro-
secutrix said that she had 15s. 11d. in her pocket
when she was robbed, and that the boy had a bag
containing lucifer-matches across his arm when he
picked her pocket.
The prisoners here put some questions to the wo-
man, and the elder one a,ked if be was near her when
she lost her money. She had scarcely replied in the
negative, and said he was shooting at the target a
yard from her, when the younger one commenced
interrogating her very sharply, and denying that he
had committed the robbery.
Mrs. Chapman—Why, you lifted up my gown, and
whipped the money out of my pocket in an instant.
The boy—How could I du so, when I had a bag
of lucifers on my arm ?
Joseph Puddiford, a police-constable, No. 276 K,
said he was on duty in plain clothes on Saturday
night, and saw the prisoners "at work " in a crowd
at the corner of Preston-road. The boy had a bag
containing lucifer matches (produced) on his arm,
and the man was standing behind him leaning over
him. He was satisfied the younger one was diving
into people's pockets, and that the older one was
covering him from observation. He followed them
from that crowd to another, and back again to the
same place, and from there to another place where
there were a number of people standing. He lost sight
of the boy for a minute or a minute and a half, and he
then saw him emerge from the crowd, cross the road,
and give the elder prisoner a handful of a )p-
-pers, most of them penny pieces. Witness told the
elder prisoner he was a police-officer, and should take
him into custody on suspicion of picking pockets, and
the little boy too, on which the man said, " What
have I to do with the little boy ?" Witness said
"He is along with you, and I shall take you both."
On reaching the station-house the elder prisoner said
the boy was his son. They both gave their address
as No 19, George-yard, Whitechapel, a place abound-
ing with thieves and beggars; and upon making in-
quiries there he ascertained that the prisoners were
father and son. He did not then know of the prose-
cutrix being robbed. He found 14 shillings, 7 pence,
and 4 halfpence on the elder prisoner at the station-
house.

Mr. YARDLEY asked Mrs. Chapman in what coin
was her money, to which she replied 15 single shil-
lings, a sixpence, and five pennyworth of halfpence.
Mr. YARDLEY—And the money you found on the
man was in shillings ? Puddiford—Yes, Sir; there
were 14 shillings. I also found a quantity of nuts
upon him.

The prisoners denied having committed the rob-
bery, and the elder one said the money found upon
him was the produce of the sale of a quantity of
wares, pencil-cases, and other things, he had sold.
Mr. YARDLEY said the case must go before a jury,
and committed the prisoners for trial.

LENT ASSIZES, 1851.
HOME 11RUUIT.
Hertrord—Wednesday, February 26, at Hertford.
Essex—Monday, March 3, at Chelmsford.
Sussex—Monday, March 10, at Lewes.
Kant—Monday, March 17, at Maidstone.
Surrey—Wednesday, March 26, at Kingston-on
Thames.

Criminal business will commence on the commission-
' day in the counties of Hertford, Essex, Sussex, and
Kent. Civil business, in the counties of Essex, Sussex,
and Kent, will commence the day atter the commission-
day ; and in Hertfordshire it is at present proposed not
to commence civil business till Friday, the 28th of Feb.
WESTERN CIRCUIT.
Yesterday the Lord Chief Baron of the Exchequer,
Sir Frederick Pollock, and Mr. Baron Martin, the
judges appointed to proceed on this circuit, finally
arranged and fixed the days and places for holding the
assize in and fur the several counties comprised within
the circuit, vim :

The Cou❑ty of Southampton—Saturday, March 1, a'
the Castle at Wi❑chester.
Wiltshire—Saturday, March 8, at Salisbury.
Dorsetshire—Thursday, March 13, at Dorchester.
Devonshire—Tuesday, March 18, at the Castle at
Exeter.

City of Exeter—The same day, at the Guildhall o
the city.
Cornwall—Tuesday, March 25, at Bodmiu.
Somersetahire—Tuesday, April 1, at the Castle al
Taunton.

SHIP NE WS.
LIVERPOOL, JAN. 27.—Amelia, hence, has arrived at
Charleston; J. 11. Gideon, hence, has arrived at Phila-
delphia; Lady Herbert, hence, has arrived at New York;
Maggie, hence for Canton, has arrived at Waterford;
Luchana, hence for Havannah, has arrived at Holyhead;
Whitehaven, from Cardiff, has arrived at this port with
damage, leaky, and part of cargo thrown overboard,
having been on Burbo Bank; Jane, from Cardiff for
this port, in a sinking state, having been ashore on Hoyle
Bank.
CowEa, JAN. 24.—Wind E.S E.—Acrd. Falcon, from
Prince Edward's Island for London, with rudder da-
maged, &c., having been in contact with the brig Nau-
tilus, of Ipswich, which received considerable damage.
GRIMI/MY, JAN. 24.—The Minerva, of Christianstadt,
from Sunderland for Cad* has put in leaky, and must
discharge.
GLAsoow, JAN. 26.—The James Bryce, of Garlieston,
hence for Runcorn, was wrecked near Balcarry about
the 10th of December; crew and cargo saved.
PORT TALMOT. JAN. 24.—The Sindbad, which was on
shore at Aberavon Sa❑ds yesterday, got off and arrived
here to-day.
YARMOUTH, JAN. 21.—The Eagle, from Hartlepool
for Dover, which was on shore at Eccles yesterday, after
throwing part of cargo overboard, was assisted off with
no appare❑t damage, and will proceed.
BRISTOL. JAN. 27.—Wind W.S.W.—Arrd. Thomas
Wright, from Havre; this vessel was bound for Cardiff,
but went on shore in Swansea Bay, and has come up to
Bristol for repairs. _ _

Plats, JAN, 25.—The Lille, from New York for Mar-
seilles, was stranded on the 17th inst., off the lighthouse
at Faraneau. She does not appear to have received
damage, and is expected to be got off if the weather con-
tinues fine.
ANTWIRRP, JAN. 26.—The General Baron von Glen,
which arrived at Batavia from Dordt, Nov. 4, encoun-
tered bad weather, was leaky, and had received damage.
She has proceeded to Sourabaya to repair.
with rain.—The drift ice in the Elbe,
I:amiantus, JAN. 22.—The weather is mild; wind
d Reiherswig, has disappeared, and there
Kfreoshhi,braatnSd.,Wan.
is but little remaining in the fairway.
GISRALTAR, JAN. 17.—The Jane Cumming, from
Palermo for London, was in contact with the Greek brig
Calliope during the gale on the night of the 14th inst.;
the farmer lost bowsprit, &c., and the latter sustained
damage. The Philippine from Moodore, which was
on shore on this side of the Bay, on the 15th instant,
has been got off with loss of masts, &c. The Premier,
from Palermo for Liverpool, put into this port on the
16th instant, with loss of bowsprit and some sails.
LERWICK, JAN. 11.—The William Hogarth (mail
packet), in coming into harbour, on the Bth inst., drove
on shore during a gale from the S.E., and has received
considerable damage; she has been got off this day.
LANCOSAND, JAN. 13.—The schooner Robert, for
Hull, has pat in here with pumps choked, and is dis-
chargiq-.
LOSSIEMOUTII, JAN. 21.—The Argo, from Riga for
Hull, has put in with damage and leaky; will probably
have to discharge.
SCILLY, JAN. 22. The Bernsrdus (Netherlands
schooner), from Nick, ri, put in here yeiterday, with loss
of topmast, sails, and pumping up sugar; has been re.
commended to discharge part of her cargo, being very
crank.

GRAVESEND, JAN. 27.—Wind W., light, fine.
Arrived—Broad Oak, from Bahia; Lord Haddo, from
Mauritius; Pt arl, from Otaheite; Soho, from Antwerp;
City of Paris, from Boulogne; Ranger, from Bremen;
Iceni, from Marseilles; Enterprise, from Rouen; Marie,
from Leer; Napoleon. from Cherbourg; Geschwester
and Princess Royal, from Hamburgh; Louise Maria,
from Jersey; City of London, from Dunkirk; Vene-
zuela, from Havre; Najaden, from Emden; Helen, from
the Black Sea; Express, from Dunkirk; Viscount San-
don, from Odessa; Lady, from Alefandria; Caros, from
St. John'.; Chronometer, from Constantinople; Ros-
common, from Harlingen.

Sailed—Snake, for the Azores; Jane, for Hobart
Town; John and Jean, for Marstrand; Propontis, for
Shanghai; Prince of Wales, for Bruges; Marchioness

of Bute, for Gibraltar; William Fr‘vr, for BsYonne,'
Emiiiu, for N,,,ph a; Bueff Jesus. I, r Havannsh;
fur Lfsb fn; t r the Azjrfs.
VESSELS :_•P,IIEN WITH.
Sir Bevoi,, fr,,m Loudon to llung-K•wg Oct. 15, in 134
2 S., long. 107 E.
Mysure, ow ward bound, Sep'. 13, in la:. 37 N, IpD
14 W.
Ai4htor, from Cardiff for Buenos Ayres, Sept. 23, in
lat. 20 N., long. 26 W.
Queen, from London fur Calcutta, Sept. 30,in Ist. 10144
long. 24 W.
Minerva, from the Clyde for Valparaiso, Oct. 3, in lat.B
N., long. 22 W.
Hyderabad, outward bound, Oct. 5, in lat. 7 N., long. 28
a,
Providence, from London for Adelaide, South Australitit
Oct. 12, in Ist. 3 N., long. 19 W.
Alexander Wyse, Ike. 24, in lat. 3 N., long. 21 W.
Alice Maud, Jan. 18, in lat. 46 N., long. 10 W.
Victoria, of New York, steering
N., long. 20 W.
Reliance, from Shanghai for New York, off ts
Pula SaPa'
Oct. 18. W., Jan. 14,
Miranda, from Hong-Kong fur London, on the 25d o
Oct— off the Anambus.
John Bentley, from Whampoa, Nov. 3, in Is.. 13 Sr
long. 89 E.
Witch, of Liverpool, from Calcutta, Nov. 25, in lat 31
S., long. 39 E., with loss of forf,toptnast. in lat. 46