The Sun.
London, England, 1856-04-18 00:00:00

[LEFT SPEAKING.]

HOUSE OF COMMONS—(This Evening.)
The SPEAKER took the chair at the usual hour.
PRIVATE BUSINESS.
The Imprisoned Debtors Discharge Society Bill was
read a third time and passed.
The Cambridge University and Town Bill, the Chel-
tenham Gas, the Curk and Yougbal Railway, and the
East Somerset Railway 8.11, were considered, and or-
dered to be read a third time.
Sir J. WALMSLEY presented a petition, signed
by the " chairman" of a meeting of married women of
Leicester, deprecating flogging men for beating their
wives, as tending to brutalise and demoralise them, but
praying that some means might be taken to protect the
property of married women from profligate husbands.
EDUCATION.
Sir J. PAKINGTON begged to ask what course her
Majesty's Government intended to pursue with respect
t o the vote for education ?
The CHANCELLOR of the EXCHEQUER saidit
was proposed to take all the other votes in the estimates
before they proceeded with the vote for education.
BUSINESS OF THE HOUSE.
Mr. DISRAELI said it would be convenient if the
Government would state how they intended to proceed
with the business next week.
The CHANCELLOR of the EXCHEQUER said if
the estimates were not concluded this evening they
would be proceeded with on Monday, but if concluded
then the Government wOull go on with the Police Bill.
He begged to give notice that en Monday he should
move that the house at its rising do adjourn till Thurs-
day.

kr. DISRAELI—Then the City of London Bill
would certainly not come on on Monday.
The CHANCELLOR of tie EXCHEQUER—Cer-
tainIy not.

CAPITULATION OF KARS.
Mr. DISRAELI said a [notion stood on the paper
fir Thursday next, in the name of his learned friend
(Mr. Whiteside), with respect to the capitulation of
Kara. He understood it would he dtsogreeahle to the
Government to proceed with the motion on that day.
He should, therefore, like to know what day would be
agreeable to them to proceed.with the motion.
The CEIANCELLOR of the EXCHEQUER said
Monday week instead of Thursday would suit.
In answer to Sir J. PAKINGTON,
The CHANCELLOR of the EXCHEQUER ;aid if
the Estimates were not concluded on Monday the Police
Bill would he taken on Friday night.
Mr. PACKE asked if the Agricultural Statistics Bill
would. come on on Monday.,
The CHANCELLOR of the EXCHEQUER replied
in the negative.

Metropolitan Board of Works after leaving
the park. The road from Pall-mall to Buckingham-gate
he proposed to carry out and invite estimates for its
construction. The next, affording accommodation to
pedestrians over the water, he proposed also to carry out ;
that from Waterloo-place to Pall-mall and Storey's-gate he
considered the most useful, and afforded easy access for a
great and increazing traffic to Storey's-gate. (Hear,
hear.) He hoped that road-way would be ulti-
mately made, but he regretted to say there were
at present some difficulties which prevented its
being speedily carried out, owing to the leases
existing with reference to the ground connected with
Carlton-terrace. Already the Government paid the
lessees of that property 45. per foot for the ground
affording the footway over the steps by the
Doke of York's column. He thought that egret-
ment gave the Government the right ::it
way, ,but doubts were entertained respecting it.
He hoped, however, when the lessees considered that
the Queen had consented to allow cabs, &c., to pass un-
der her window that the lessees would make no further
objections. He thought there would be room enough for
vehicles to pass on each side of the Duke of York,
i York's co-
lumn, and as there were objections to remove t, be
should not propose a vote for that purpose. (Rea!,
hear.)
After some further consideration the subject dropped,
Sir B. HALL having first stated that if the estimates
he should present for this were passed, next week he
would press forward the .work, and speedily open the
communication so much desired. The estimates for the
foot-bridge would be 2,800/., and for the road from Pall-
mall through the German chapel to Buckingham-gate,
about 21,0001.
Mr. HADFIELD moved as an amendment to the
adjournment, that it should be to Thursday next, and
not Monday next, as proposed by the Government.
The CHANCELLOR of the EXCHEQUER consi-
dered the house would not be justified in adjourning
over Monday till Thursday.
The original motion was ultimately agreed to.
SUPPLY.
On the motion that the Chairman leave the chair,
Sir E. PERRY called the attention of the house to
the annually-increasing deficit in the revenues of India.
[LEFT SPEAKING.]

3d Light Dragoons—Lient. R. P. Ridley, from the sth
Lancashire Militia, to be Cornet, without purchase.
9th Light Dragoons—Lieut. A. G. B. Martin, from the
48th Fuut, to be Lieutenant, paying the difference, vice
Payne, appointed to the sth Dragoon Guards.
12th Light Dragoons—G. F. Morant, Gent,' to be
Cornet, by purchase, vice White, pi-Or-noted.
17th Light Dragoons—Regimental Serjeant-Major W.
Garland to be Quartermaster. vice O'Hara, who resigns.
Ist Regiment of Foot.—To be Lieutenants, without
purchase—Ensign Thomas H. Townshend, vice Thomas,
whose promotion on 11th Sept., 1855, has been c.incelled ;
Ensign George Turner, vice To wnshend, whose promotion
on the 3d Nov., 1853, has been cancelled; Ensign It. L.
.Roberts, vice Turner, whose promotion on the 20th .Tan.,
1856, has been cancelled. Serjeant-Major Emanuel Teale
to be Ensign, without purchase ; Ensign Emanuel Teale to
be Adjutant, vice Leggatt, who resigns the Adjutancy
only. The promotion of Ensign R. L. Roberts to a Lieu-
tenancy, without purchase, on the 2d March, 185 G, has
been cancelled.
7th Foot—The promotion, by purchase, of Ensign J. S.
Cocks, on the let April, 1856, should have been vice Mont-
gomerie, whose promotion, by purchase, on Oct. 26, 1835,
has been cancelled, and not rice Hickie, promoted ; the
appointment of Mr. C. H. Ketnpson to an Ensintcy, by
purchase on April 4, was on the strength of the Establish-
ment, and not vice Cocks, promoted.
11th Foot —Serjeant-Major Henry Erskine to be Ensign,
without purchase, vice Aruatrong, promoted.
16th Foot— Brevet-Major John Willett Payne Andain
to be Major, without purchase, vice Munro, who retires
upon full pay; Lieutenant Charles Coote Grant to be Cap-
tain, without purchase, vice A udain.
17th Foot—Lieutenant James Urquhart Mosse, from the
lst West York Militia, to be Ensign, without purchase,
rice Presgrave, promoted.
I.6th Foot—Jaines Robert Albert Colbrooke, Gent., to
be Ensign, by purchase, vice Gandy, promoted in the B:3d
Foot; Ensign William Mangin, from the lst Derby Mi-
litia, to be Ensign, without .purchase, vice Marsden,
who resigns.
48th Foot—Lieutenant Sir E. S. Hutchinson, Bart.,
from the sth Daagoon Guards, to be Lieutenant, receiving
the difference, vice Martin, appointed to the 9th Lancers.
52d Foot—Ensign G. C. Fraser to be Lieutenant, by
purchase, vice Hon. D. G. Morison, promoted,
61st oots—Assistant-Surgeon Alfred byte, from the
80th Foot, to be Assistant-Surgeon, vice Miller, who ex-
changes.

Despatch from General Sir W. Codrington.

( From the London Gazette of this evening.)
WAR DEPARTMENT, APRIL 16.
Lord Panmure has received a despatch of which the
following is a copy, addressed to his Lordship by Gene-
ral Sir William Codrington, K.C.B.

Stebastopol, April 1.
My Lord,—There is nothing particular to report, ex-
cept the continuance of the well-being of the troops.
Even under the circumstances of a month as severe in
point of change and cold as any that we have had, there
is no material increase in the number of sick. Though
the numbers are higher, your lordship will remember
that drafts to the extent of 4,000 men have latterly been
sent up from Malta. Yet the whole of the month of
March has been very cold and trying, from northerly
winds and frost almost every night, and the thermometer
occasionally down at 13 and 18 degrees ; and yesterday
morning ;;he ground was for a short time white with

snow.

Having received the signature of General Luders to
the armistice agreed upon by the Allied Generals, the
continuation of it has been prolonged till further orders.
A boat from her Majesty's ship Leopard entered the
harbour from the sea yesterday, under a flag of truce,
to carry on the communication across the harbour from
our side. We had only one old and heavy Russian boat
for this purpose. The conditions of the armistice did not
permit to either party to use the harbour ; and the entry
of the boat of her Majesty's ship Leopard was the re-
sult of communications between General Luders and
myself.
The Artillery continue to move the Russian guns
from Sebastopol, as well as those damaged ones of ours
from the batteries of attack ; 718 are already embarked
for England.
There have been recovered from below the water of the
Dockyard by Mr. Deane, the Submarine Engineer, 11
pieces of field artillery, with their limbers and waggonf
I have, &c., W J. CODRINGroN,
General Commanding.

The Lord Panmure, &e.

LONDON GAZETTE—(This Evening

ST. JAMES'S PALACE, APRIL 15.
Tha Queen has been pleased to appoint James, Earl of
Caithness, to be one of the Lords in Waiting in Ordinary
to her Majesty, in the room of William, Earl of Listowel,
deceasei.

ST. JAMES'S PALACE, APRIL 10.
The Queen has been pleased to appoint William Walter
Cargill, Esq., to be the Clerk of the Cheque, and Adjutant
of hr Majesty's Honourable Corps of Gentlemen-at-Arms,
vice Joseph Skip Lloyd, Esq., retired.
ST. JAMES'S PALACE, APRIL 16.
The Queen has been pleased, on the nomination of the
Right Honourable Lord Foley, to appoint Frederick John
Robinson, Esq., one of her Majesty's Honourable Corps of
Gentlemen-at-Arms, vice William Walter Cargill, Esq.,
promoted.'

ST. JAMES'S PALACE, APRIL 16.
The Queen has been pleased, on the nomination of the
Right Honourable Lord Foley, to appoint Richard George
Bolton, Esq., one of her Majesty's Honourable Corps of
Gentlemen•at-Arms, vice Robertson, retired.

CROWN-OFEICE, APRIL 16.
MEMBER RETURNED TO SERVE IN THE PRESENT PARLIA

- -
Borough' of Athlone—Captain the Hon. Henry Hand-
cock, of Aloydrato Castle, in the c3nnty of Westmeath, in
the room of the Right Hon. William Keogh, who has ac-
cepted the office of one of the Puisne Judges of the Court
of Common Pleas, in Ireland.
BOARD OF TRADE, WHITEHALL, APRIL 1,.
The Right Honourable the Lords of the Committee of
Privy Council fur Trade and Plantations have received,
through the Secretary of State for Foreign Affairs,
a copy of a Despatch from her Majesty's Ambas-
sador at Paris, enclosing copy of a French Imperial Decree
revoking the Decrees of the 24th Feb., 16th-April, and Bth
Dec., 1851, prohibiting the exportation of munitions of
war.

WAR DEPARTMENT, APRIL 18.
sth Regiment of Dragoon Guards—Lieut. Henry L.
Payne, from the 9th Light Dragoons, to be Lieutenant,
vice Sir E. S. Hutchinson, Bart., appointed to the 43th
Foot.

STEAM TO THE COLONIES.
In reply to Mr. E. DENrsoN,
Mr. WILSON said considerable progress had been
made with this subject, and the disposition seemed to be
that the colonies themselves were not averse to contri-
bute towards the expense of a monthly postal commu-
nication. A circular had been addressed to all the colo-
nies by Sir W. Denison, the Governor of Aus-
tralia, and to that circular favourable replies had been
received from most of the colonies. When the Govern-
ment issued the Treasury minute it was unaware of
those proceedings, and Government lost no time in
forming a scheme to effect the object in view. Agree-
ably to the minute the Treasury had issued tenders had
been received, but the Government had not ac-
e-pted any of - them, but they intended to
issue fresh tenders, but no directions with re-
spect
to the route to he taken ; that would be left
entirely open. As soon as the Givernment received a
tender that they thought they would be justified in re-
ceiving, they would have no hesitation in doing so,
Sir J. PAKINGTON begged to ask whether it was
intended to have direct communication with Australia
irropective of the Indian rnail, and in first-class vessels ?
Mr. WILSON said they did rest intend to stipulate
in the advertisement they intended to issue any particu-
lar time or descrioti,e of vesel.
THE.BUILDINGS IN THE PARKS.
In answer to a question,
Mr. MONSELL said that the buildings erecting in
Hyde Park were being done with the joint concurrence
of the War Department and the Board of Works.
Sir F. THESIGER—For what purpose ?
Mr. MONSELL—For fireworks.
Colonel KNOX inquired cf the President of the
Board of Works if it was with bis concurrence.
Sir B. HALL said that he had nothing to do with
sancdoning the works. He had been on the ground to-
day to see that no obstruction to traffic should •
from it. result
I

Mr. G. DUNDAS asked what these fireworks were
for, and the amount of the expenditure ?
The CHANCELLOR, of the EXCHEQUER said
that at the proper time the details of the expense would
be laid before the house.
Mr. G. DUSDAS—But what are the fireworks for ?
Toe CHANCELLOR of the EXCHEQUER said he
really did not think, at first, that the hon. was in earnest. It was to celebrate the peace.gentleman (Hear,
hear, and roars of laughter.)
NAVAL REVIEW.
Col. FRENCH asked a
On the motion for the adj•ournent of the house,
lities for the members of theq tnuestion relative to the faci-
view. house seeing the naval ze-
Mr. LINDSAY asked ff the Perseverance placed at
the disposal of the members of the house was the same
ship that capsized last year, and if so he hoped the Ad-
miralty would supply a sufficient number of life-boats.
o much money about the
(Laughter.) Having spent e
sad realites of war he thought this show might have been
dispensed with.
LAYARD asked if it were true that a certain
umber of gun-boats had been constructed for this re-
iew ?
Sir C. WOOD said that he thought it would not be
nogratifying to the members of this house to see, and
the country to know, how the Government were pre.
pared bad the war continued, and before the ships were
put out of commission that a review should take place.
No gun-boats had been proviled for this occasion.
There must ho some limits to the accommodation pro-
vided, and the precedent of the last review had been fol-
lowed ; for to provide accommodation for the wives and
families of the members of that house it would be neces-
sary tr, employ the whole unemployed ships of the
nav,,. It was different with the House of Lords,
were fewer in number. It was true the
I",irseverauce had been set apart for the members of
this house, and if one part of the house took one side,
and the other the other, there need be no fear of her
upsetting. (Laughter.) The accident to the ship al-
luded to was in dock, and since then she had been re-
ported ac seaworthy.
THE ROAD THROUGH THE PARKS.
In reply to a question,
Sir B. HALL referred to the four proposed routes
through the park. With regard to the opening of the east
end of the Mall to Trafalgar-square or Charing-cress, that
could
the not be carried out without a special act to pur•
c hase property ; and then a question arose whether
it did not constitute part of the functions -of the

77th Foot—Lieut. William J. Wanklyn has been p r
milted to resign his commission.
80th Foot—Assistant-surgeon Colin Matheson Milne
Miller, M.D., from the Gist Foot, to be Assistant-Surgeon,
vice Royte, who exchanges.
Slat Foot—Lieut. Hugh Arthur Chichester to be Cap-
tain, by purchase, vice Lane, who retires ; Ensign Daniel
Weir to he Lieutenant, by purchase, vice Chichester ;
Frederick Schlotel, Gent., to be Ensign, by purchase, vice
Weir.

83d Foot—To be Lieutenants, by purchase—Ensign J.
S. Keddle, vice Teesdale, promoted in the 55th Foot ;
Ensign Henry Gandy, from the 26th Foot, vice Wilson,
promoted in the 55th Foot ; George Lightfoot Huyshe,
Gent., to be Ensign, by.purchase, vice Keddle; the Com-
mission of Assistant-Surgeon William Sharp to be ante-
dated to Feb. 3, 1855-
86th Foot—Lieutenant Hugh S. Cochrane to be Adju-
tant, vice Adams, promoted.
Rifle Brigade—Assistant-Surgeon George Lawson has
been permitted to resign his Commission.
3d West India Regiment—Ensign Rowland to be Lieu-
tenant, without purchase, vice Carlisle, appointed to the
60th Foot. The promotion of Ensign W. R. Mulliner to
a Lieutenancy, without purchase, on the 21st Sept. 1855,
is on the Establishment, and nob vice Carlisle, as pre-
viously stated. The promotion of Ensign Henry Rowland
to a Lientenancy, by purchase, on the 15th May, 1853, has
been can purchase,
, promoted
Cape Mounted Riflemen—Ensign Charles B. Marshall to
be Adjutant, vice Bell
LAND TRANSPORT CORPS.—To be Paymasters—Obe'
Winans, Esq. ; Capt. Benjamin Robert James,' from the
Royal Dublin Militia ; Capt. Wrn. Stevens, Land Trans-
port Corps; Quartermaster John Scott, Land Transport
Corps ; Lieut. Richard Boyd, Land Transport Corps.
HOSPITAL STAFF.—Assistant-Surgeon Philip Frank,
M.D., from 91st Foot, to be Assistant-Surgeon to the
ge M.D., has been
Forces, vice Gilborne, appointed to the ?lst Foot • Assis-
ahsisWapilpdoriindtment.
permittedtautSargetoon resignihora

BREVET.—
Major-General Sir Hugh H. Rose, K.C.8., to be pro-
moted to the local rank of Lieutenant-General in Turkey.
Captain Sydney Joseph Hire, of the 22d Regiment
Bengal Native Infantry, to be Major in the Army.
Captain Andrew George Cobbe rook-© Sutherland, of the
25th Bengal Native Infantry, t,l be Major in the Army.
Major Alexander Munro, re#,ired full pay 16th Foot, to
be Lieutenant-Colonel in the Army, the rank king hono-
rary only.
COMMISSIONS SIGNED BY LORDS-LIEUTENANT.
County of Gloucester
ibert Nigal Fitzhardingn Kings

423,905,130

Dated the 17th day of April, 1851

:,PARTMENT.

cote, Esq., to be Deputy-Lieutenant ; Dnncombe Pyrke,
jun., Esq., to be Deputy-Lieutenant ; Thomas Vaughan,
Esq., to be Deputy-Lieutenant ; Joseph Whittuck Whit-
tuck, Esq., to be Deputy-Lieutenant.
South Salopian Regiment of Yeomanry Cavalry—Adju-
tant Gabriel Rollings to serve wi h the rank of Captain.
Cambridgeshire Militia—Charles Vipan, Gent., to be
Ensign, vice Thomas onas Sherwood, resigned; Lichfield
Moseley, Gent., to be Ensign.
Ist Regiment of Royal Cheshire Militia—Frank CorbAt,
Esq., late Captain in her Majesty's 33d Regiment, to be
Captain, vice Aldersley, resigned ; Lieutenant Samuel
John Saunders, Brevet-Major Hon. E.1.C.5., to be Cap-
tain, vice Cholmondeley, resigned.
2d Somerset Regiment of Militia—James Talbot Stan-
ley, Esq., late Captain in 89th Regiment of Foot, vice the
Earl of Cavan, resigned.
Royal Perthshire Rifle Militia Lieutenant Ernest
Augustus Murray MacGregor, 9th Light Cavalry, Bengal
Presidency, to be Captain, vice F. N. Menzies, resigned.
Inverness, Banff, and Elgin Militia. John Arthur
Evans, late Captain 2d Bombay Native Infantry, to be
Captain, vice M`Grigor, resigned; John Saunders, Gent.,
to be Lieutenant, vice Whyte, resigned; William Posh,
Gent., to be Ensign, vice James Canny, retired; Charles
George Lumsden, Gent., to be Ensign.
The Royal Ayrshire Rifles--Ensign Wm. Henry Ralston
to be Lieutenant, vice Craufurd, appointed to the Osmanli
Irregular Cavalry.
BANKRUPTCIES ANNULLED.
William Smith Slater, timber merchant, Chester and
Liverpool.
Alexander Simpson, warehouseman, Kingston-upon-
Hull.

Sporting Intelligence.

NEWMARKET CRAVEN MEETING.
THE SUBSCRIPTION ROOM.—WEDNESDAY NIGHT.
Business with respect to the two favourites for the
Newmarket Handicap was somewhat brisk. Yellow
Jack receded to 7 to 4 for the Two Thousand, whilst
the opposition which set in against him and the retro-
gression of Fly-by-Night made "an opening" for Pitapat
and Milton. 500 to 20 was laid and afterwards offered
against Fly-by-Night for the Derby, and 50 to 1 to 201.
was betted against his winning the Two Thousand and
Derby. No transactions relative to the favourites for
the Epsom event came under onr notice ; 3 to 1 was
wanted about Wentworth. The quotations at midnight
were as under :

LAW INTELLIGENCE-April 17.

COURT OF EXCHEQUER.
DARBY V. OUSELEY-mr,

Mr. Kenealy moved, on behalf of the defendant, for a
rule to show cause why a new trial ehould not be had in
this case on four grounds—First, the improper rejection of
evidence by the judge ; secondly, the improperieterference
of the judge with the speech of the counsel for the defen-
dant; thirdly, misdirection; and fourthly, for the impro-
per influence exercised by the judge over the jury.
Mr. Baron Alderson—You state two grounds for a new
trial which I never heard of before.
Mr. Keneaiy said there was a precedent for the last. The
plaintiff was a tide- waiter in the customs at Liverpool, and
the defendant was the proprietor, editor, and publisher of
the Live spool Herald, and the action, which was tried at
the last Liverpool assizes, before Mr. Justice Willes, was
brought to recover damages for an alleged libel published
in the defendant's paper. The jury returned a verdict for
the plaintiff, damages 451. The libel complained of, which
was headed " A Popish rebel in the customs," imputed to
the plaintiff that he was a member of a society formed
under some Roman Catholic priests, that he was a " rebel,
a traitor, and a villain, and was not to be trusted with the
property of the crown, as he was acting under the Foreign
_Enlistment Act to enlist under the banner of a foreign po-
tentate." It would be necessary to mention that the defen-
dant had pleaded not guilty and a justification. What
called forth the alleged libel was the circumstance that the
plaintiff had dropped a certificate of his Membership in a
Roman Catholic society, which was picked up and given to
the defendant, who at the trial pleaded justification, urging
that he was warranted in commenting as he had done in his
paper, as he had acted without malice, being unacquainted
with the plaintiff, and believing that the certificate was is
treasonable docuweut, and to call attention to what he
considered a treasonable society. The first question he
would call the attention of the court to was the improper
rejection of evidence. When at the trial he had asked the
plaintiff if he had eigned his name to a certain book in
which were enrolled the names of the members of the so•
ciety, the learnedjudge had decided that the question could
not be put unless the book were produced. He contended
that he was justified in putting the question, as, under the
24th section of the Common Law Procedure Act, a witness
might be cross-examined to prove a statement relative to
the subject matter of the case, which was the object in,
this case, as, had the question been answered in the affir-
mative, it would have shown that the plaintiff was a mem-
ber of the association.
Mr. Baron Alderson—The question is totally irrelevant.
How can you ask a witness if his name is inscribed in a
book? ,
Mr. Kenealy said there was some evidence that the plain-
tiff was a member of the association, and this question,
which he contended was pertinent to the point at issue, was
put in order to establish the fact. However, the plaintiff
having admitted that he felt himself bound by the canons
of the Church of Rome, and that he believed in the infalli-
bility of the Pope, was asked if he felt himself bound by
the notes and comments iu the Rhemish Testament.
Mr. Baron Alderson—Did you ask him if he had ever
read them? I dare say there are many persons iu this
court professing the Protestant religion who have never
read the Thirty-nine Articles.
Mr. Kenealy—The learned judge ruled that the question
was not to be put, notwithstanding that it was imperfectly
relevant, as it would have had the effect of showing the
nature of the man, and that he was not worthy of belief.
Mr. Baron Bramwell— What is the Rhemish Testament?
Mr. Kenealy—lt is a book which was published 15 years
after the Popish plot, and was circulated principally in
Ireland.
Mr. Baron Bramwell—Do you mean that you may put
that question to every Roman Catholic, in order to show
that their credit is nut good, and that they are unworthy
of belief ?
Mr. Kenealy thought that he might, if it should be ne-
cessary to show that he belonged to au illegal society. The
third piece of evidence which was rejected was an extract
from the Liverpool Herald, which would have explained
the defendant's reasons for his comments on the plaintiff.
The Chief Baron said it was the province of a judge to
exclude documents which ought to have been proved in
evidence.
The learned counsel submitted that the extract was ad-
missible, as it was contained in tho same number of the
paper from which an extract was read by Mr. Sergeant
Wilkins, the learned counsel for the plaintiff, and, in sup-
port of his contention, cited the case of "Cook v. Hughes"
(Brian and Moody, p. 115). With respect to the second
ground on which he applied for a new trial—the improper
interference of the judge when he was addressing the jury
—he would state that the interference and interruption
were so great that his equanimity was disturbed, and he
was thrown out and stopped.
Mr. Baron Alderson-1 don't think it would be very
easy to stop you. (Laughter.)
Mr. Kenealy assured their lordships that in that instance
it was. He was about to read to the jury the Austrian
Concordat, to show that there was amongst Roman Catho-
lics certain stringent regulations subversive of freedom,
when Mr. Justice Willes observed that as the defendant
was not about to adduce evidence, the Court could not
listen to the Concordat, which was totally irrelevant. The
learned counsel apprehended that the judge had no right
to stop him in the middle of his speech.
The Chief Baron—You had no right to state the terms
of the Concordat, or to comment on it, unless you intended
to give it iu evidence.
Mr. Kenealy said he next proposed to quote the canons
and decrees of the Councils of Lateran, of Trent, of Arles,
and of Sons, to show that they were recognised as the
canons of the Church of Rome, which showed in what way
heretics were to be sought out and destroyed, which would
have clearly explained the sense in which " traitor" and
" rebel" should have been interpreted by the jury. He
had also proposed to read extracts from a book which was
written by a priest, and published in 1622, but his lord-
ship would not permit him. The learned counsel, in sup-
port of his case, stated that, at O'Connell's trial, Mr.
Whiteside had read long extracts from the Morning Post
and Dublin Evening Mail, and various other papers.
Mr. Baron Alderson—lt is not because one irregularity
is permitted that it is to be made a precedent of and acted
upon.
The Chief Baron—lf you stated anything which you
were not in a position to prove, you were irregular, and it
was the duty of the judge to control you.
Mr. Kenealy said he must bow to their lordships' deci-
sion, but he had carefully searched the reports where in any
one instance a counsel was prevented quoting from or read-
ing a book, and except in a case where it was required to
prove when Charles the Fifth abdicated, Judge Jeffreys
designated the book "a little lousy history." (Laughter.)
The Chief Baron—He was a bad man, although an able
lawyer. We must give him credit for having on that oc-
casion decided rightly.
The learned counsel having cited various authorities in
support of his argument, referred to the question of misdi-
rection. The learned judge had stated that there was no
evidence of the plaintiff having been a member of the no
ciety, notwithstanding counsel for the plaintiff having ad-
mitted the facts. The jury were also told that the plea of
justification having been thrown overboard, they were
bound to find a verdict for the defendant. He contended
that even if the plea of justification had not been substan-
tiated his lordship was not warranted in making that re-
mark, us the plea of " not guilty" raised everything in is-
sue, and the matter was one for the decision of the jury.
The last point with which he would trouble their lordships
was the improper influence exercised by the judge over the
jury. From the commencement of the trial Mr. Justice
Willes had clone all in his power to bring it to a close by
suggesting that I should make an apology,
Mr. Baron Aldereon—l suppose on behalf of your client,
not on account of the length of your speech. (Laughter )
Mr. Kenealy 'observed that at that time he had not
opened Lis lips. Ile regretted to say that great impatience
was displayed by the learned judge, who stated that the
defendant's counsel was about to wake a Protestant speech,
but that it would not be listened to. This, no doubt, had
the effect of prejudicing the minds of the jury. The learned
judge, in alluding to the defendant, said he belonged to a
class of people " Who see more devils than wide hell can
hold." When utterance was given to this, a sensation was
created, and murmurs ran through the court which doubt-
less had an effect on the jury.
Mr. Baron Alderson—You don't do the jury justice.
The learned judge meant that the language of the libel was
greatly exaggerated, and that it was a mere " mare's neat."
Mr. Kenealy said reflections were cast on his client
which were not warranted, and the judge had, in his sum-
ming up, constantly repeated his arguments, which was the
more remarkable, as the speech of Mr. Sergeant Wilkins
was in no way commented upon.
Mr. Baron Alderson—Perhaps there was no necessity.
The Chief Baron—lt is the duty of the judge not to
leave a single matter unexplained to a jury which is capa-
ble of explanation.
Mr. Kenealy contended that the summing up was an in-
road, and trenched upon the province of the jury. He
trusted ho had satisfied their lordships that he was entitled
to a new trial, and in conclusion•he disclaimed imputing
to the learned judge before whom the case was tried any
object for the course he had pursued, but considered that
his lordship was guilty of indiscretion.
The Lord Chief Baron said he was of opinion, and with
that opinion the Court fully concurred, that there ought to
be no rule for a new trial in this case. His lordship having
gone through the whole of the arguments adduced by the
learned counsel in support of the application, said that
none of the points presented any grounds upon which the
Court ought to grant the rule. The rejection of the evi-
dence was right—the conduct of the learned judge was
right—the direction to the jury was right; and he entirely
disagreed with 'Mr. Kenealy as to the view taken by him
as to what was the duty of a judge, which lay in calling
the attention of a jury to unexplained mattere, so as to en-
blo them to arrive at a just conclusion.
Rule refused accordingly.
Mr. Baron Martin sat at nisi prius in the adjoining
court, and disposed of a few common jury causes, which
were alone of interest to the parties concerned.

NEWMARKET HANDICAP.
10 to 3 agst Fisherman (taken)
9 to 2 agst Jolly Marine (taken)
6to 1 agst Diego (taken and offered)
20 to 1 agst Smack (taken and offered)
TWO THOUSAND GUINEAS.
7to 4 agst Yellow Jack (taken)
4to 1 agst Porto Rico (taken)
Bto 1 agst Bird in Hand (taken)
100 to 6 agst Pitapat (taken)
100 to 6 agst Milton (20 to 1 taken freely)
10 to 1 agst John Day's lot (taken)
THE DERBY.
14 to 1 agst Yellow Jack (taken to 501)
THURSDAY.
TO Claret Stakes of 200 soya each, h ft, for 4-yr-olds;
colts, Bst 71b; fillies, Bst 21b. D. 1., 2 miles 119 yards.
5 subs.
Mrs. Osbaldeston's Rifleman, by Touchstone, Bst 71b
(Flatnean) 1
Mr. Howard's St. Hubert, Sat 71b... ..... ...(A. Day) 2
Mr. Hope's Capucine, Bst 211 e (Aldcroft) 3
Betting—Even on St. Hubert, 7 to 4 agst Rifleman,4
to 1 agst Capucine. Rifleman macre all the running, and
won easily by three lengths ; five lengths between the
second and third.
Newmarket Handicap of 25 soya each, 10 ft, and 5
only if declared, &0., with 200 added. The second to re-
ceive 100 sous out of the stakes. Certain winners extra.
Clermont course, 1 mile, 6 furlongs, 55 yards. 25 subs,
17 of whom pay 5 sovs ft.
Mr. Gratwicke's The Earl, by Chatham, 4 yrs, fist 41b
(Humpage) 1
Mr. Godered's Diego, 3 yrs, sst 71b (li'crdham) 2
Mr. T. Parr's Fisherman, 3 yrs, Set 91b (carried sst
121 b) (Carroll) 3
The following also ran :—Rattle, Defiance, Speed the
Plough, Mary, Jolly Marine, and Besika.
Betting-4 to 1 each agst Diego and Fisherman, 9to
2 agst Jolly Marine, 8 to 1 agst Speed the Plough, 12 to
1 agst the Earl, 100 to 6 each agst Besika and Rattle.
After going about a quarter of a mile The Earl went to
the front, was not afterwards caught, and won easily by
a length and a half ; Fisherman passed Jolly Marine and
Speed the Plough at the cords, and finished five lengths
behind Diego ; Speed the Plough was fourth, Jolly
Marine fifth, and Maiy next. Rattle broke down on
crossing the Flat, and was pulled up.
The Aske Produce Stakes of 50 sovs each, h. ft, for
three-year-olds ; colts, Bst 71b ; fillies, Bst 41b ; cer-
tain allowances. D. M. 7 furlongs, 201 yards. 11 subs.
Lord Zetlaud's Tyrius by Birdcatcher, Bst 71b
(Ashmall) 1
Duke of Bedford's Wishner, Bst 41b (S. Rogers) 2
Mr. Dawson's Napoleon the Third, Bst 71b (Aldcruft) 3
The following also ran :—Overreach, Alfred, and
Palmer.
Betting— 5t04 on Walmer. Won by half a length ;
bad third.
Sweepstakes of 100 soya each, h. ft, for three-year-olds ;
colts, Bst 71b ; fillies, Bst 41b. ; certain penalties and
allowances: D. M. 7 furlongs, 201 yards. 9 subs.
Mr. Combed Pitapat by Alarm, 71b
(Bartholomew) t w.o.
Mr. J. H. Stanley's Theodora by Orlando, Bst
llb
(Ashmall) t
Sir R. W. Bulkeley's Gortschakoff, Sat 71b
(Flatman 3
•
Betting-6 to 5 agst Pitapat and Theodora,) 10 to 1
agst Gortchakoff. A fine race in with Pitapat and The-
odora ended in a dead heat, Gortschakoff beaten off.
Deciding Heat—Pitapat walked over and divided the
stakes with Theodora.
Handicap Plate of 50 sovs., for 3-yr-olds and upwards.
T.Y.C., 5 furlongs, 140 yards.
Mr. Robinson's Ghika, by Hetman Platoff, 3 yrs
Est blb (J. Quinton) 1
Duke of Beaufort's Furioso, 3 yrs, 7st 2 lb(J. Steggles) 2
Mr. Adkins's Flatterer, 4 yrs, Sat 12Ib (Yates) 3
The following also ran :—Cineas, Cranbourne, Bar-
rel, Bucksfoot, and Pharos.
Betting —5 to 2 agst (Mika, 3 to 1 agst Furioso, 4 to
1 agst Pharos, 8 to 1 agst Bucksfoot. Won easily by
half a length. A length between the second and third,
Barrel and Bucksfoot were the next two.
Match of 50 sovs. First half of Ab.M., 3 furlongs, 215
yards.

BANKRUPTS.
John Lawrence Harvey, draper, Chichester-place, King's
Cross, to surrender, April 30 and May 26, at twelve, at
the Court of Bankruptcy. Stansfeld, official assignee ;
Ashurst, Son, and Morris, Old Jewry.
George Frederick Parsons, jeweller, Cumming-place,
Pentonville, April 26, at half-past twelve, and June 4, at
twelve, at the Court of Bankruptcy. Pennell, official as-
signee, Guildhall-chambers, Basinghall-street ; Lindus,
South-square, Gray's-inn.
Jane Foan, glover and grocer, Yeovil, April 29 and
May 29, at one, at the Exeter District Court. Hirtzel,
official assignee, Exeter; Letts, Bartlett's-buildings,
Holborn ; Stogdon, Exeter.
John Godfrey, coachmaker, late of Taunton, now of
Creech, Saint Michael, Somersetshire, April 30 and May
22, at one, at. the Exeter District Court. Hirtzel, official
assignee, Exeter • Stogdon, Exeter.
William Schofield, coal dealer, Romily, Chester, April
30, and May 20, at twelve, at the Manchester District
Court. Pott, official assignee, Manchester ? Darlington,
Wigan.
Samuel Thomas, cabinet maker, Wigan, Lancashire,
May 3, and 24, at eleven, at the Manchester District Court.
Her unman, official assignee, Manchester; Darlinton,
Wigan.

William Ogston Young, merchant, Liverpool, May 5,
at half-past two, and June 3, at twelve. Lee, official
assignee Aldermanbury ; Green and Allin, Angel-court.
Robert Thompson, otherwise Robert Thomas, pastry.
cook, Croydon, April 28 at half-past eleven, and May 30,
at half-past one, at the Court of Bankruptcy. Whitmore,
official assignee, Basinghall-street ; Welbourne, Duke-
street, London Bridge.
_ _

Edmund Folkard, ooer, Drury-lane, April 28, at
eleven, and May 30, at twelve, at the Court of Bankruptcy.
Canaan, official assignee, Aldermanbnry ; Shirrett and
Son, Lincoln's-inn-fields.

'Limes Frederick Benjamin Lewis &Hiller and Arthur
Alger, {millwrights, Inworth, May 2, at half past two,
and June 3, at one, at the Court of Bank, uptcy. Lee,
official assignee, Aldermanbury ; Stevens and Satchell,
Cheapside : B-nks and Stevens, Witham, Essex.
Joan Iloben, ship builder, Holyhead, Ist and 22d of
May, at one, at the Liverpool District Court. Bird, offi-
cial assignee, Liverpool; Jones, Bangor; Evans and Son,
Liverpool.

SCOTCH SEQUESTRATIONS.
Hugh Colquhoun, grocer, Main-street, Gorbals, Glasgow
Hermann Kalisch, merchant, Glasgow.
James Kelt, tailor and Clothier, Glasgow.

BANK OF ENGLAND.
in Account pursuant to the Act 7th and Bth Victoria, cap 32, for
the Week end►ng on Saturday the 12th day of April, 1856.
ISSUE DEPARTMENT.
LAOS issued 23,905,130

Government debt.... 11,015,100
Other securitios .. .. .. 3,459,900
Gold coin and bullion 9,433,130
Silver bullion...—. • •

£23,905,130
af. MAMSHALL, Chief Cashier.
i 6.

Government securities
(includg.Dead Weight
Annuity) .......... 12,918,437
Other securities .. .... 16,794,526
Notes .. .. ........ 3,895,040
Gold and silver coin .. 663,537

I 431,276,542
M. MARSHALL, Chief usumier.
;6.

- Duke of Bedford's Palm, by Tadmor, Bst 21b(Pettit) 1
Mr. Hope's Hardwick, Bst 2lb (A. Day) 2
Betting—• 2 to lon Palm, who won by a length.
Sweepstakes of 10 sovs each, for 5-yr-olds and upwards.
The winner to be sold for 100 sore if demanded, &c.
First half of Ab. M., 3 furlongs, 215 yards. (3 subs )
Count Batthy any's Rudsfon,sby Cowl, s"yrs, 9st

(Fiat:man) 1
Mr. E. R. Clark's Rattler, 7st 71b (E. Sharp) 2
Subscription Plate of 50 soya ; 3 yr-olds, fist 12lb; four,
Bst 71b; five, 9st; six and aged, Bst 31b. The winner to
be sold for 300 sovs if demanded, &c. D.M., 7 furlongs
201 yards.
Mr. Swan's Maid of the Mill, by Libel, 3 yrs
(J. Rogers) 1
Mr. Saxon's Sbelab, 3 yrs (J. Quinton) 2
Mr. Coombe's Armiger, 3 yrs (J. Steggles) 3
Mr. J. Barnard's Woodcock, 3 yrs"... ..... (Cresswell) 4
Betting-5 to 4 agst Woodcock, 3to 1 agst Maid of the
Mill, 4to 1 each agat Shelah and Armiger. Won by a
length ; five lengths between the second and the third.
Sweepstakes of 50 soya each, h tt, for 3-yr-olds ; oohs,
Bst 71b ; fillies, Bst 21b ; certain allowances. D. M.,
7 furlongs, 201 yards.
Mr. Grmine's Blue Mantle, by Surplice, 7st 10:b
Sir C. Monck's'Hebe, 7, (Flatrnan) 1
t 121 b (Wells) 2
L Orford's filly by The Libel, out, of Mangosteen,
Bst 21h.,
(Sly) 3
Sweepstakes of 100 sovs each, h ft, for 3-yr-olds ; colts,
Bst 71b ; fillies, Bst 31b ; certain winners extra. D.M.,
7 furlongs, 201 yards. (3 subs.)
Mr. Combs's Pitapat, by Alarm, Bat 71b (Bartholo-
mew) walked over.
The programme was comparatively strong in attrac-
ions, and the interest excited by the Newmarkut
Handicap caused an increased attendance of 'professional
turfites. The weather was favourable.
BETTING UP TO SI% O'CLOCK.
THE TWO THOUSAND.
7to 4 agst Yellow Jack (taken freely)
4to agat Porto Rico (offered)
9to 1 aget Milton (taken)
10 to 1 agst Bird-in-Hand (taken)
100 to 6 ngst Pitapat (taken)
100 to 30 agst Porto Rico and Fly-by-Night
coupled

CHESTER CUP.
25 to 1 agst CourteLay
30 to 1 agst One Act
40 to 1 agst Aldford
DERBY.
sto 2 agst Wentworth
7to 1 agst Ellington
20 to 1 agst Vanderinulin
40 to 1 agst Newington
6ro 1 wanted about Cannobie
Yellow Jack and the Coroner —The announcement
which was made relative to the sale of these two horses
was premature. Negotiations are, we believe, still
pending ; but we have good authority for stating that,
should the bargain be closed, neither of the horses will
leave Mr. Howard's stable until after the Derby.
The Burwell Stakes.—The recent decision which
awarded the race to Cannobie is likely to be brought
before a legal tribunal. The Messrs. Weatherby have
been served with a notice by the owner of Saraband not
to pay the stakes to the owner of Cannobie.

Saturday.—The subscription room will
be opened on Saturday fur the settlement of the New-
market accounts.

BHA AB MAICIf E T d.

LIVERPOOL, APRIL 17.

STOCK EXCKANGE.—The market has been fair to-day,
and prices are about the same currency as yesterday.
Lancashire and Yorkshire, 894 k —Chester and Holyhead,
161—Midlands, 75i—Dutch Rhenish, 14 prem.—Black-
burn, 64—Great Western of Canada, 26f s—East Lanca-
shire, 10i—South Eastern, 22—North Eastern, Berwick,
19.16.3.—Sheffield, 294 I-

ADMIRALTY COURT.
(Before Dr. Lushington.)
THE VIVID-DAMAGE.

This was an action brought by the late brigantine Henry,
89 tons, against the mail steamer Vivid, 300 tons, for a
collision which took place in the Dover.roads on the night
of the 11th August. the vesQel while proceeding on her
voyage with a cargo of coals, from Newcastle to Dover, had
anchored about a mile from the entrance to the Dover
Harbour, where she was run into and sunk by the steamer
us she was leaving this country for France. Three of the
brigantine's crew of five were drowned, but the other two
were picked up. The defence was that the Henry had
neglected to show a proper light.
Tho Trinity Masters having stated their opinion upon
the nautical points involved in the case,
Dr. Lushington pronounced the Vivid to blame.

THE SUN, LONDON, FRIDAY EVENING, APRIL 18. 1856.