The Sun.
London, England, 1851-07-05 00:00:00

7F-1 tt 411
4, • - 44;azi
QUEEN'S BENCH.--(THIS DAY.)
(Sittings at Nisi Prins, at Westminster, before Lord
CAMPBELL and A Special Jury.)

"LLA.3I V. THE LONDON AND NORTH-WESTERN RAILWAY

COMPANY.
This action was brought to recover the value of cer-
tain packaged, alleged to be worth between 1,0001. and
2,0004, which were entrusted to the railway company to
be conveyed from Liverpool to London, but were never
delivered to the plaintiff. This was the second trial, the
verdict which was returned on the former occasion for
the defendants having been set aside and a new trial
granted, on the ground that new facts had been disco-
vered by the plaintiff.
Mr. M. Chambers, Mr. Bramwell, and Mr. Henderson.
conducted the plaintiff's case; and the Attorney-General
and Mr. Lush appeared for the defendants.
The facts of the case were briefly these:—Elam, the
plaintiff, was formerly a surgical instrument maker,
carrying on business in Oxford-street, and in May, 1849,
went to America for the purpose of seeking his fortune.
He took with him eight large packing-cases, containing
various articles of the value alleged, and arrived at New
York on the 29th of June following. He then proceeded
to Philadelphia, but being taken ill returned to New
York, and ultimately re-embarked for England, bringing
with him the eight packages he had taken out, none of
which had been opened except one, which was broken
open by accident at New York. On reaching Liverpool
he took his passage to London by the North-Western
line, having previously;booked the packages, which were
to be left at the Euston station until called for, and ob-
tained the usual receipt or ticket from the company.
Elam had no sooner reached the metropolis than he was
arrested for debts which he had contracted previous to
his departure, and consigned first to Whitecross-street,
and then the Queen's Bench prison. He was released
from custody is November, and in the following month
applied at the goods station for the packages he had
deposited with the company, when he found they had
b.•en delivered up to a person who represented himself
as Alfred Elam; and this action was instituted in conse-
que❑ce of their refusing to reinstate the property.
The defence to the action was, that it was impossible
that a person in Elam's condition could possess goods
to so great value, and that the parties who obtained the
packages were accomplices of Elam, and directed by him
to get tlassession of them in the way described.
Evidence was adduced on both sides, and the trial oc-
cupied the Court the whole of yesterday until eight
o'clock in the evening, and also the greater portion of
to-day. _

Lord CAMPBELL having lucidly summed up the
evidence,

The jury found a verdict for the defendants.

RACINGFixT

RES FOR 1851.

Worcester ............... 9
Jersey********
Liverpool 9
. ........ ••••
Manafield ................ 11
Kinnril n
Dunnington l4
Stamford .....
I 1 Lty
Nottingham
Abingdon
Marlboaough

Wenleck
Chelmsford 22
Tiverton
Guildford
Odiham
Bridgnorth
Goodwood
Chew ton Mendip
Downtism Park 3O
Kautbford
rt nbury 3l
UST.

Ripon
Ne,fth Staffordshire
Subscription 5
Brighton 6
Leominster 6
Brighton Club 8
Wolverhtmpton ..... 11
Huntingdon l2 ,
Reading
York
SEPTE:

SJuthport
Plymouth
Paisley 2l
Catgerbury 2l
Stour bridge 25
D.,rby
Taunton
Egham 27
Lynn
Stirling
Is'lBElt.

Scarborough
Eccles
Warwick
Rochester
Lincoln
Radcliffe 8
Lichfield ....
Cheadle (Staff.) 8
Yarmouth
Leicester lO
Weymouth .. 10

Liverpool Autumn Hunt 10
Morpeth
litfoxeter
Dover
Doncaster
Saudbach
Bedford ... 24
Egiinton Park ... 23 or 24
Manchester Autumn 25
Newmarket F.O 3O

OCTOB ER.
Monmouth
Richmond
Caledonian
Chesterfield 1 Hereford
Cheater
NOVEMBER.

Worcester .

First week.

WEIGLIrS FOR THE GOODWOOD CUP.
Age st. lb.' Age st. lb.
Voltigeur
Little Jack 4 9 3 Iris
Nutshell
(.3ariboo - 4 9 'Lae Marquis
Beehunter
Essedarius
Landgrave
Lord George
Clincher
Rassborough
The Nigger 4 8 10Glenhawk
Co sack
Officious
Darkie,bySirller- 'Young Altisidora a 6 8
cules, outoi Dark j War Horse 4 6 8
Susan

THE ARNIY AND NAVY.
(From the United Service Gazette of this day.)
REGIMENTS FOR FOREIGN SERVICE.—The following
Regiments of Infantry stationed in Ireland are first un
the roster for foreign service, viz :-40th, 2d Battalion;
Ist, The Royals; 43d Light Infantry; 57th, 31st, 71st,
Highland Light Infantry, Ist Battalion; 89th, 39th, 14th,
9th, 62d, 17tt, 52. t Light Intantry ; 63d, 81st, 35th, 27th,
and 90th Light Infantry.
GAMBLING AT MALT/L.—Some very awkward denoue-
ment, teading to rather serious consequences, has hap-
pened at Malts, in connexion with gambling transac-
tions. Officers of some of the corps in garrison are im-
plicated. It is said that the Lieutenant-General has
taken measures to put an end to such discreditable prac-
tices.

The offito of military secretary to the Governor-
General of the British Provinces in America, has been
vacated by the appointment of Major Talbot (43d) to
the staff of Sir Richard Armstrong, at Madras.
The appointment of milLary secretary to the Lieute-
nant-General commanding the troops in the Windward
and Leeward Llands, has been vacated by Captain
Elwyn, of the Royal Artill.ry.
Captain Lord Arthur Hay, of the Grenadier Guards,
has ceased to be an aide-de-camp to the Marquis of
Dalhousie.

Major the Hon. G. St. G. Foley, Unattached, has suc-
ceeded Colonel the H T. Ashburnhaw, as Military
Secretary to the Governor of B3mbay.
Ensign Cannon, 97th Foot, has succeeded Lieutenant
Phillips, of the Royal Artillery, as Town Adjutant at
New Brunswick.
Lieutenant Hayes, of the St. Helena Regiment, has re-
placed Captain Barnes, as Town Major.
Captain D'Oyley, 11th Foot, has been appointed Aide-
de-Camp to the Major-General on the Staff of New
South Wales.

The following officers have been appointed acting pay-
masters of the depO's of their respective regiments:—
Lieutenant Weir, 2cl Foot ; Lieutenant Wilton, 11th
Foot; Lieutenant Montenach, vice Captain Pardoe, 15th
Foot; Lieutenant Hon. G. B. E. Grant, 42d Highlanders.
The following officers have been appointed acting ad-
jutants to the cl,-15 e of their respective corps: —Lieute-
nant Herbert, 58th Foot; Lieutenant Ewen, 65th Foot;
Lieutenant Shuttlewurth, 68th Foot, vice Storer; Lieu-
tenant Prettyman, 74th Foot, vice Dillon.

Toe acing paymasterships of the depots of the 59th
and 65th Regiments are vacant.
The honorary degree of Doctor of Ciwil Laws has
a_-en conferred by the Oxfard University on Lieutenant-
Colonel Francis Riccdon Chesney, of the Royal Artillery.
THE COMMAND-IN-CHIEF AT BRAZIL.—It is reported
and we believe on good foundation, tnat Rear-Admiral
Houston Stewart, is not a candidate for this corn-
n,„d ; the pliant otfl,er preferring his seat at the
Admiral Rear-Admiral Sir William Dillon, K.C.EI.,
%% named as standing a good chance of hoisting his flag
for this station ; but we believe it will not be vacated for
s';°,ls time. Other reported arrangements are noticed
isewhere•
TO THE ATHOL STORE• SHIP.—We
stated acme
tenant-Commander
time 'nee that the Athol, store-sihip, Lieu-
Pearse, bad got ashore near Sierra
LePenguin had been
sent down to
reached Sie , and that her ~rla ebsutYt 'sshslliP she had got off and had
rrs
stances, the Ad,7:ne. upon a report of the circum-
Bruce, the Comm haven f
upon Commodore
Inquiry to havesti
accident occurredg. --A
n't'in-Chiel, to appoint a Court of
circumstances under which the

MINING IN---
ItLLIG (From the Mining Jo 1 \
We have little business IE. N
y.. CE,
Jour
.:41 of this da
being a palpable dulness in the
scription of shares, and where business has
every de-
teDrt this week, tnere
lower range of prices has been submitted
sellers are also appearing of shares in '
pas been done a
Numerous
pm-chased generally at premiums, and n4t` recoilces,
, Whiscteixerted
v:irtible at tn.,. present Mar even at° rY con'
coant ; and W49E01101 as a veryge arauaahieri,`Ais die-
has been thus expended, a deadening influence i°' c4Pital
upon the more legitimate classes of mines
require time to ameliorae. 'rho moment is it
will
,however,
favourable for the capitalist who looks beyond temporary
influences, and we cannot do better than reiterate our
opinion that the best chosen time tl make purchases in
mining property, is in a calm like the present.
A special meeting of the members of the Mining Ex-
change, and which was attended by nearly every member,
was held at the Jamaica C,,ff,e- house on Tuesday last,
J. Y. Watson, Esq., F.G.S., in the chair. The meeting
wus called, as it was generally understood, at the request
of a few of the meriThers who had been loud in their
complaints against the management of the Exchange,
but upon the chairman calling upon those who had com-
plaints to rask,) to come forward, no one responded to the
e‘ll, arid there was, in fact, nothing before the meeting
but t',) go through the rules seriatim, and which was done,
some being altered, some expunged, and others made, to
sui'.; general requirements.
In the Metal Market, copper continues very firm.
Xeliere is a great improvement in lead, some extensivo