The Sun.
London, England, 1851-11-06 00:00:00

NOVEMBER 6, 1851

banknotes and French assignats. If the latter were
worthless, it was owing to the exorbitant quantity so
recklessly issued. But the Kossuth notes were issued
in such quantities and for such purposes as to leave
them still of far more value than the paper of bank-
rupt Austria.

A more ludicrous charge to lay at Kossuth's door
is that of his having killed the constitution of his
country. He might as well be accused of shooting
Louis Bathyany or of flogging Mme. Madersbach.
The Austrians wreaked their vengeance on the Hun-
garian constitution by abrogating it. But the final
decree of Schwartzenberg doing so was nothing more
than a continuation of those acts and that policy of
Metternich's which First called forth the opposition of
Hungary and awoke the energies of Kossuth.
The Liberator of Hungary does not, however, re-
gard either the constitution or the freedom of his
country as definitely buried. He considers Austria as
dead, and its Emperor as a mere satellite of the Rus-
sian Czar. Kossuth does not say that he requires
succour against Austria. That would be interven-
tion • and the Hungarian would be a poor cause if it
feared to meet Austria in arms. All he asks is, that
Russia be compelled to leave Austria to its natural
state of dissolution, of which so many manifest
symptoms appear in the disorder of its finances, the
deep discontent of its citizens, the unmitigated and
insolent, yet silly tyranny of its boy-Emperor, and
the mutinous state of its three principal provinces,
only deterred from insurrection by the presence of ar-
mies almost as numerous as the population whose
liberties they crush, and whose means they devour.

MORTALITY in the METROPOLIS.
NUMBER OF DEATHS FROM ALL CAUSES REGISTERED IN
THE WEEK ENDING SATURDAY, NOY. 1, 1651.
Epidemic, Endemic, and Contagious Diseases ...*222
Diseases of Uncertain Seat ... 49
Tubercular Diseases ...
... 156
Diseases of the Brain, Nerves, and Senses... ... 78
Diseases of the Heart and Blood-vessels 33
Diseases of the Lungs, and other Organs of
Respiration ••• •• ••• ••• ••• 105
Diseases of the Stomach, Liver, and other Organs
of Digestion... ...
Diseases of the Kidneys, &c.
Childbirth, Diseases of the Uterus, &c.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &c.
Malformations.., ••• ••• ••• •••
Premature Birth •• •••
Atrophy ••• ..• ••• ••• •••
Old Age ••• ••• ••• ••• •••
Sudden ... ..•
Violence, Privation, Cold, and Intemperance
Causes not specified ...

... 54
- 6

... 34

... 33

~. 23
... 22

DEATHS FROM ALL CAUSES ... ... 861
Population Deaths in corro- Deaths
Enumerated, sponding week in the
1851. of 1850. Week
West Districts... 376,332 . . 110 ... 128
North Districts.. 490,441 .. 181 ... 177
Central Districts 392,986 ... 174 ... 133
East Districts ... 485,336 ... 213 ... 190
south Districts .. 616,545 ... 267 ... 233
- Totals... ..... 2,361,640 ... 945 ... 861
- -

Males
Females

... 436
... 425

r exercise of such a discretion. He thought the Court
had that discretionary power, which depended upon the
construction of the 12th section of the Act, sod the
point now to consider eaa, whether this was a proper
case for its ex,rcise. It appeared teat at a
meeting of the shareholders a committee had been
appointed, with but ono dissentient voice, with the
concurrence of the creditors, to wind up the affairs of
the company, and had proposed immediately to p Jyt all
the small creditors in full, and to make a large dividend
in a short time without the intervention of the Court.
If that could be done, it might be for the benefit of al
the parties interested; but he much doubted their being
able to do so. They would have to ascertain and sett.e
the list of contributors in the same way as they would
before the Master, and he feared they could not do that
but under the compulsory provisions of the,Act. He, how-
ever, thought it reasonable that time should be allowed
them to make the experiment. He might send it for
a preliminary inquiry to the Master's office, but he
did not intend to take that course, as the only effect of
that would be, to ascertain whether they were doing
what they offered to do. It was stated in affidavits,
that by the Ist of July next they would have a
dividend of ten shillings in the pound. It was
alleged that this would induce the creditors from bringing
actions for their true claims against the bank, in crder
to give them time to realise the assets. Under these
circumstances he should direct the petition to stand over
till the first petition day of Hilliary term next, with li-
berty to any party interested to apply in the meantime,
and then he should inquire what steps should be taken
to wind up the affairs of the company. In making this
order he considered it much in the character of an expe-
riment. He made it on the ground that the parties bad
a sincere desire to arrange the affairs of the bank to the
satisfaction of all parties, and that they entertained a
conviction that they could do so. He should therefore
direct the petition to stand over to the first petitien day
of Hilliary term next, upon an understanding that the
petitioners should have access to the books of the com-
pany in the meatime.

An order was in consequence taken with that under.
standing.

COURT OF EXCHEQUER, Nov. 5.
(Sittings at Westminster, in Michoelmai Term, at Nisi
Prius,before Mr. Baron MARTIN and CommonJ(sries.)
ZIAWICINS V. MOULE.
This was an ac;ion to recover compensation in
damages for the breach of an agreement which had
been entered into and violated under the following
circumstances:—

Mr. Smythies conducted the case for the plaintiff, and
Mr. Bramwell was counsel for the defendant.
It appeared that the defendant, on the 22d of August,
1849, sold his interest and goodwill in a beer-shop, No.
15, Tottenham-street, Tottenham-court-road, to the
plaintiff for the sum of 4251.; and in the agreement there
was a❑ undertaking on the part of the defendant, that
he should not set up in bneinesi, either as a seller of
beer, or as a licensed victualler, within two-thirds of a
mile of the Salters' Arms, the sign of the house he was
selling to the plaintiff. The defendant, however, violated
this undertaking by embarking as a licensed victualler
within the prescribed limit, in a house known as the
"Adam's Arms," i❑ Hampstead street, Fitzroy-square.
In this case neither plaintiff nor defendant was called as
a witness. Other witnesses, however, deposed
on behalf of the plaintiff, to the fact of the agreement
for the sale of the Salter's Arms having been entered
into, and that in the face of the condition referred to as
to the defendant undertaking not to set up i❑ the same
line of business, had been violated by his becoming the
landlord of the Adam's Arms, which house was clearly
within two-thirds of a mile of the Salter's Arms. It,
was likewise proved that several of the customers of the
latter establishment had become customers of the Adam's
Arms, after the defendant had become its proprietor.
It was also proved that the defendant had made offers to
pay a compensation to the plaintiff, but that they had
nut agreed upon the same. The result was the pre-
sent action,

Mr. BRAMWELL, on the part of the defendant, re-
gretted that the parties had not called in some mutual
friend, who should have said what compensation his
client should make to the plaintiff; for that he had
entered into this agreement, and that he had violated its
conditions, it was impossible for one moment to deny.
The simple question, then, for the consideration of the
jury was as to the loss the plaintiff had suffered, and
the amount of compensation he was fairly entitled to.
That he was entitled to some compensation, ho was
free to admit; and the difficulty the jury would have in
the absence of any evidence as to what loss had been
sustained, would be to arrive at a sum which would be
fair and just as between the parties. He had, however,
upon this part of the case much ground of complaint.
Why had not his Learned Friend put the plaintiff into
the witness-box? For then the jury would have heard
from his own lips, or seen from his books, how many
barrels of beer he had drawn less subseque❑tly to the
defendant's going to the Adam's Arm, than had been
his trade prior to that event. Had that been done, then
the duty of the jury would have been very clear and

Ylr. Baron MARTIN, in leaving the case to the jury,
said it was a pity that the agreement had not been drawn
up by a professional man; for it it had, there would have
beQn a sum named by way of penalty. Here, however,
there was no penalty, and hence the jury would have to
find their way to a sum which they might think fitting
for a compensation to which the plaintiff was most un-
doubtedly entitled. If a man entered into an agree-
ment, he was bound to carry out its terms. The present
defendant had not done this, and, therefore, must pay
the penalty.

The jury consulted for a few minutes, and then re
:urned a verdict for the plaintiff—Damages, 1001.

POLICE INTELLIGENCE.
BOW-STREET.

Among the ordinar) night charges disposed of by Mr.
Henry, was a complaint against Harry Broome and
William Perry (she " Tipton Slasher") tor having
created a disturbance in the public streets at the unsea-
sonable hour of one in the morning.
Police-constable F 102, deposed that the two pugilists
had been spending the evening with some gentlemen at
Evans's Hotel, Covent-garden, and, apparently to the
gratification of the latter, turned out at a littlo after one
o'clock and commenced fighting in front of the hotel in
King-street. A large concourse of disorderly persons
soon assembled in consequence, and the inhabitants of
the neighbourhood were oisturbed in their repose until
witness took the defendants into custody. They were
both intoxicated, but offered no resistanc., to the police.
Broome assured his Worship that he was as much
averse as any one to a street broil, and regretted exceed-
ingly that he had been unconsciously led into a public-
house quarrel for the amusement of others. It was his
first offence of the kind, and he begged for a lenient
penalty, as nothing of the kind should happen again.
The " Tipton Slasher" expressed his contrition in
equally modest terms, and
Mr. HENRY, after observing that the public annoy-
ance caused by their contentions was the serious part of
the occurrence, inflicted a fine of 20s. on each, or ten
days' imprisonment.—Th. fines were paid.
MAR YL EB ONE.

Yesterday nearly a dozen drivers of omnibuses, run-
ning from the Engeware- road to Tottenhaw-court-roA,
for a penny each passenger, atteml,,,ti before Mr. Brough-
ton, by virtue or summonses hick bad been obtained
against them by Inspector Porser, of the D division,
for the offences of stopping long,:r ou the road than was
necessary for taking up or setting down passengers, and
for changing horses in the public stre.ts.
The proceeding s were instituted in consequence of a
great number of complaints which had been made to the
Police Commissioners by respectable parties, to whom
the practices alluded to were un intolerable annoyance,
and which had only been carried on since the closing of
the Great Exhibition.

Evidence in support of the charges was gone into, the
principal witnesses being Inspector Jackson and Sergeant
Bushell, D.
Mr. Crawford, who was the originator of the present
cheap system of locomotion by "bus," complained
strongly of the old London Conveyance Company for
opposing the new omnibuses in a most unfair and shame.
ful manner, inasmuch as the old company continually
had an omnibus immediately in advance and behind each
of the new ones, thus doing all in their power to prevent
the new company from succeding to break down a mo-
nopoly which for many years had existed. Some of the
proprietors of the old company had also resorted to the
expedient of posting upon their bills the word of " Craw-
ford," with the view of misleading the public.
Some of the defendants were ordered to pay the costs
of the summons, and others were fined 10s. each.
The MAGISTRATE remarked that if the present
sys-
tem of opposition between omnibuses was to bosuffered
to continue, and to go on as it bad since the close
01
the Exhibition, the Legislature would, he hopedirionute.r-
fere to limit the number of omnibusses plying th b
the streets of the metropolis, foot passengreerrsbbaevisn
con-
tinually in danger of being run over, and
WORSHIP-STREET.
Five respectably-dressed persons,Matthews, Frcneis
Richard Burdett Walker, Matthew named Charles
Williams,
placed atthßeicloha
arrdbeLw tio
before Mr.
and
Mr. DH' oErya o uSt it
a_
ientlbareri du9e ww
trhe
having obtained under f
from tradesmen in differeet
of miscellaneous property
.ilse pretences a large quantity
parts of the metropolis,
Mr. Jay, from the office of the Trades' Protection
Society, appearedtoer the prosecution, and the court was
crowded with tradesmen and ottheersserwvhicoewoferme ar.nExidowusartdo
prefer charges against the prisoners.
Sarah Saul, shop woman in the
Watkins, a haberdasher in Norton Folgate, stated, that
on the 24th of September last the prisoners Walker and
Matthews drove up to her master's door in a horse and
gig, from which the latter alighted, sand, introducing
ms hielf as " Mr. Walker, " of No. is, Anne's-terrace,
Hackney, requested her to send some bonnets, mantles,
and other articles upon approbation to the ladies of his
family. A portion of the goods were accordingly for-
warded to that place on the same evening, and on the
following day the prisoner Matthews again called nt the
shop, accompanied by three young women of ladylike
appearance, who selected thr e bonnets, some mantles,
and a Leghorn hat and feathers, which they de,iri d
might he sent to them at the same ncldrels. Witness
delivered the articles at the house en the Monday fol-
lowing, when she received a further order for two other
mantles from one of the young ladies, who told her that
her papa would call at the chop the next day and pay
for the whole of them. He tailed to do so, however,
and on proceeding eguin to the hon=e she found it was
shut up, and that all the parties had absconded.
Mr. William Norris, agent to the Rev. Mr. Moore, the
owner of the house in Anne's-terrace, stated that in the
month of June last he let the premises in question to the
prisoner Walker under a written agreement for three
years at the rent of 50/. per annum, but shortly before
the end of the first quarter he received information thee
he had vacated the piece, and the street door key was
soon afterwards transmitted to him through the Parcels
Deliyery Company, At the time he eile:ecl himself es