The Sun.
London, England, 1856-01-29 00:00:00

COURSE OF EXI

Amsterdam •••• I 1 17%
Ditto, three =tithe 12 0
Rotterdam •• •• •• •••••• 12 0%
Antwerp ......... .
Brussels 25 6,1
Fialehargh _ •••••••••••• 13 10 j
•• •• ••••••••••••
tan., • •• •• ••••• • • • 25 323
Ditto, three months
Marseilles ••••• •••••••• 25 7244
Bourdea.na ..•• •••• •••• :
Frsuiltfort•on Maine..., i2OU
Rerlin ••••••••••••••••
Vi 81111%•• •• •• •••• •• •• •• 10 59
l'reste.••••••••••••••• 11 3
Petersburg •••••••••• ••
Ifadrid ••••••••••c.••• 49%
Cadiz ••• •• ••••
Barcelona •• •• •••• ••
•••• ••••••••• •••-

Naval and Military Intelligence,

Her Majesty's paddle-wheel steamer Spitfire, Captain
Spratt, was admitted into the basin at Woolwich on Sa-
turday from the Mediterranean, having been in commission
four years and a-half, during which time she has been
prineipaliy engaged in surveys, and has rendered some
important services in that capacity. Her machinery
will have to be refitted, and she will likewise require
a thorough repair, after which she is to continue her
surveying operations in the Mediterrauean. The
Spitfire is one of the steamers which was in constant
attendance on and preceded the fleet for the purpose
of carrying on soundings, &e in the Block Sea..
Lieutenant Mansell, of the Spitfire,. has commissioned
the Tartarus, which will be ready for service in a
few weeks. She has been ordered to the Mediterranean,
and will take out the officers and crew of the
Spitfire t.. join the Medusa orMedina, one of the latter
ships being intended to prosecute the surveys in con-
junction with the Tartarus. The Spitfire is to be paid
off on Saturday next.

The Coquette, lately launched from the shipbuilder's
yard at Blackwell, and commissioned by Master-Com-
mander Risk, was received into basin at Woolwich on
Saturday to be fitted for sea. She is to be manned with
six 32.poun.lera and two pivot guns.
A new gun-boat, the Griper, arrived at Woolwich
yesterday morning: from Messrs. Scott Russell's, and is
to be rigged and fitted with despatch. -
The Admiralty yacht Vivid, Master• Commander
Allen, entered Woolwich basin yesterday.
The screw-transport Northumberland, No. 51, arrived
yesterday morning off Woolwich Arsenal from Deptford,
having shipped the greater portion of. her cargo there.
She has room for about 30 tons of ammunition and other
stores, •vhich she has commenced embarking at Wool-
wich, and will most probably leave to-morrow for
Greenbithe and Balaklava.

The strength of the British navy at the present time
is as follows :

38 screw line•of•battle ships,
25 heavy screw f-igates,
61 powerful screw corvettes,
4 screw floating batteries,
7 screw troop frigates,
19 heavy paddle frigates, and
67 various paddle corvettes.

Our old sailing frigates of 42 and 46 guns are conver-
tible to screw moktar frigates, and the oldest to shell
magazines, as the For, &c. ; our splendid merchant
navy—such as the Peninsuls.r and Oriental Company,
the Royal West India Mail Packet Company, the Cunard
line, the General Screw Company, Green's, Wigrana's,
Smith's, and others, with hundreds of light draught
screw merchant steamers, would be available for Govern-
namnt ser7ice in two months.

The screw gun-boats arrive at Portsmouth daily from
the eastern yards. We understand they are to anchor
in line at Spithead, preparatory to commencing practical
evolutions in a sham attack upon the liners and torts,
as well as target practice whilst under weigh. They can
have no better sp .rt than trying their skill at one of
our 0',4 hulks to be moored inside the Nab Light, and
see what they can do at 1,000 yards range, as well as a
little rile practice at the same time, having some dum-
mies on the hammock nettings t ) represent the enemy,
and then a lit-le reward lir the best shot.

The fallowing aPpointratrits were wade yestenlay
at the Admiralty :
',lent T. Macon/flora, to the St. Vincent, for service
of Portsmouth ordinary; E. T. bounders, master, to the
Rodney ; Geo. Gilpin, master, to the Esk ; W. P.
I-fain., promoted to master and appointed to the Falcon ;
Go). Fair-ter, naval instructor, to the Impregnable ;
Robt. Bernard, surgeon, to the London_; Alex. Jeffreys,
paymaster, to the Ear: ; S. L. H. Giles, paymaster,
to the F.cmouth ; Wm. Wiles, paymaster, to the Hawke;
E. F. Raffell, assistant-paymaster, to the Blenheim" ' • E.
B. Walker, assistant-paymaster in charge, to the Mo-
hawk ; .Tas. M. Carmichael, clerk, to the Rodney ;
Hamilton M. Cole, assistant-clerk, to the Conflict.

The following naval cadets have been appointed
X npernurnerarks to the Victory, the appointrueute to
bear date the 26:6 of January inst. :
L. N. Moncrieff, E. H. Steel, Win. E. K. Cocket4
Chat. C. Rising, A. H. Markham, P. R. H. Parker,
J,hn P. Bridges, Chas. Stuart, Robt. Barton, and Gen.
We4ey ; and to the Impregnable—N. Maskelyne, Geo.
W. Hand, It. H. C. Lawson, Chas. Mason, G. H. Bur-
ton, R. N. Spoiling, and B. W. Beuvon.

Nicholas o'ntaised five nalilions hter'lng from Tur-
key as an iogleinnity fur the expenses of the war. Is
England to pour out her blood and her treasuro, in de-
fence of the rights of the liberties of Europe, at the
caprice of an unprincipled despot, who fights as long as
he has the tnealv, and then, retaining all his ill•gotten
plunder, makes peace till he can recruit his resources
for another attack ?

There are several . things to be guarded with great
care.

After beating Russia in the field, we mast not be
cajoled by her in the Cabinet. Lord Palmerston is the
best, if not the only man, we have at present who is
able and willing to compete with the wily and treacherous
diplomatists of Russia and Austria. The peace negotia-
tions should be committed to his hands. The place of
meeting should be removed from Russian influences.
The time of meeting should be with as little delay as
possible.
After all, Lord Palmerston may rest assured that the
great body of the English people do not, under existing
circumstances, wish for peace with Russ.ia. They think
that too much has been suffered and too little done by
England. Dragged reluctantly into a war with Rn>sia
against their will, they do not wish to he coaxed by
Austria inlo a peace with Rust-is against their judgment.
A peace now will be but a hollow truce. Russia will
not rest, Europe will not he permanently newN-ful, Eng-
land witl be dissatified, and in a few years the whole
work will inevitably have to be done over again.

TUE CASE OF PALMER, TELE" SURGEON,

OF RUGELAY.

BIRMINGHAM DISTRICT COURT OF BANK
RUPTCY, JAIL 28.

(Before Mr. Commissioner Balgey.)
This morning the appeal in the matter of the adjudi-
cation of fiat of bankruptcy against Wre. Palmer, the
• surgeon, of Rugeley, came on for hearing before the Com-
missioner in his private room, it being usual, as it was
stated, to take all such preliminary proceedings out of
the public courts. The learned Censmissioner, as well
as Mr. Smith, solicitor, who appeared against, the adju-
dication, readily consented to the admision of the press ;
but this Mr. T. S. James, who appeared for the peti-
tioning creditor, opposed. His Honour, under such cite
enmstanees, could not deviate from the usual practice
of the Court, and the press was consequently excluded.
The following narrative will explain the nature and cir-
cumstances of the application :
On the 9th of January last Mr. John Sniffle, ironmas-
ter, of West Bromwich, presented a petition to the Court
for a fiat against Wrn. Palmer, sureenn, apothecary,
dealer, and chapman. On the same day Mr. Saittle proved
his debt, which was to the amount of 1,000/ , upon a bill
of exchange, dated the 19th of Sept., 1855. drawn by
*Wm. Palmer upon, and accented by Sarah Palmer, pay-
able to the order of Wm. Palmer three months after date,
and by W. Palmer endorsed to J Spittle. The act of
bankruptcy relied upon wee that proved by Mr, H. Gil-
lard, sheriff's officer of Staffar I, who ',fated that he ar •
rested Palmer under a captasad safisliciozdeo,:„ at the suit
of one Henry Padwick, on the 13th day of December,
and on the 17th day of the same-month Palmer was re-
moved uneler the same writ, and also on a coroner's
warrant, under a charge of murder, to the cnunty gaol
of Stafford. Upon these facts Mr. Waterfield, the re-
gistrar of 'the Birmingham Court of Bankruptcy, acting
for Mr. Commissioner Belguy, in his absence, aij tidioated
Palmer a bankrupt. The notice Of edjndination was
duly served, when Mr. Smith gave notice that he should
this day dispute its validity. In whlitinn to the above
particulars, and in further explanation of the reasons
which hastened the adjudication of bankruptcy, it may
114) mentionefi that Palmer, on the 512 of May, 1855,
executed a bill of sale. to Mr. E Wright. solicitor, of
Birmingham, for the sum of 8,0001. and upwards, and
that by virtue of this instrument the whole of his pro-
perty had been sold and swept off, in satisfaction of that
debt. It appears that the date of Wright's bill was an
terior to the date of Spittle's hill of exchange. The
object of the bankruptcy was. if posihle, to set aside the
bill of sale, and to obtain possession of its proceeds for
the benefit of the general body of creditnre.
Mr. Smith said he was now prepared to oppose the
adjudication ow/0 upon Spittle's petition.
Mr. James imme !lately observed that be had another
Petition to present, founded upon the facts mentioned
above. It was the joint petition • f the ahovenamed
John Spittle, Frederick Crahhe, of Ruelev, gentleman.
and Thomas Simpson, of- Rn7eley, tax collector, It
prayed that the former adjudication asieht be annulled,
awl rave an undertaking that they would prosecute a
new fiat.

AI 2-
10

St.
at.
3

10
w

Mr. Smith contended that the C un. had no power to
receive the petition on the morning, when the matter of
the first petition was to be discus-lei ; besides which, if
the prayer of the petition was assented to. the right of
the bankrupt, under the 104th section of the statute
would he taken away ; and, as there wa> tin sulh power
in the Court to deprive the bankrup• of his statutahle
right, he (Mr. Smith) insisted at thix time upon being
heard against the validity of the Adjudication. The
104th section was to the effect :--"Such person shall be
allowed seven days, or such exteoled Vow., not exceed-
ing 14 days in the whole, as the Court shall think fit,
from the service of such duplicate, to show cause to the
Court against the validity of such atijadication ; and if
such person shall within such time show t the listiefac•

:it..
St.

!Von of the Court that the petitioning creditor, debt.
trading, and act of ba»kruptcy upon which such adju-
dication bas been granted, or any nr either of such mat-
ters, are insufficient to support such adjudication, and
upon such showing no other creditor, debt, trading, or
act of bankruptcy sufficient to support such adjudiea-
tion, or such of the last-mentioned matters as shall be
requisite to support such adjudication in lieu of the
petitioning crelitor'ldebt, trading, and act of bank-
ruptcy, or any other, or either of such matters
which shall be deemed sufficient on that behalf,
as the ewe may he, shall be proved to the eati-fac-
tion of the Court, the Court shall order such adjra•
cation to he annniled, and the earn, shall be annulled
accordingly," Mr. Smith then arguer] that the primary
jurisdiction clause, s. 12, did not give any right to the
Commissioner, to hear, determine, or make orders in any
matter of hankruntcv whatever whet- there was an ex-
press provision er.etrolling the acts of the commissioner,
or eivinz a statutable right_ to any person apnearing
before the Court; and, as the 12th section merely gave
the right to the bankrupt to dispute the mere judicial
act under the primary jurisdiction clause, the Guilt
could not over-tide the no‘itive enactment itself

5
5
If#
10

Mr. Commissioner Baletly—T am clearly of opinion
that I am bound to hear the bankrupt avtinst the vali-
dity of the adjudication. The 104th section gives to the
hankrnpt the right to dispute. He has brolicAt himself
within the terms of the act, and I do not consider that
the 12th section en•lbles me to exercise any jurisdiction
where there is provision in the stntute dire.ctinv what
shall be done. lam therefore of opinion that the hank-
rapt is entitled to dispute the adjudicatioo, notwith-
standing the second petition which Mr. James has pre-
sented.

Mr. Smith then stated that he was premixed to dis-
pute the trading, and the act of bankruptcy itself—the
trading on the ground that Palmer had not been in busi-
ness for more than two years, the 8,13 of bankruptcy on
the authority, ea, parte, of " Bowes" (4 Vesey) and
"Regina v, Page" (1 Broderick- and Bing-him), where it
had been dearly held that a ners,in must be in custody
on civil process only ; and, although the GOth sctotho of
the Bankruptcy Consolidation Act used the work
"having been arreste,l or committed to pr'son fir any
other cause," yet such cause should he su; ge4eris, and
have reference to the law relating to bankrept4, which
was not the fact in this case.
Mr. James---11 your honour 1)(41(14 th-,a,t Mr. Smith hsm
a right to dispute the adjidication, I shall not attempt
to support it ' • bat shall forthwith present anither peti-
thm, when Mr. Smith may he let in to dispute the ad-
judication, so that I will nit plan,' him in the posithm
of having to incur expense in the bringing up his wit-
nesses again.

Mr. 6'mith here offered to dispute the a‘ljudication at
once if' documents waire placed before so that he
might judee whether he should n:quire farther informa•
tion from his client.

The first adjudication of bankruptcy, of which notice
had been given to diSpute, was then annulled.
Mr. James left the room for the purpose of -preparing
another petition, and in the interim
Mr. Smith intimated that he should not enter upon its
merits that day, but suggested that the case should be
taken nest Thursday.
At a later period of the day Mr. James presented an-
other petition from creditors, which the Court refused to
open.

IRE IWOOLEr PoISOVING

THE EXHUMATION OF THE BODY OF MR.

COOKE.

- - - ---
From some cause or other the gentlemen acting on
behalf of the Crown have deemed it proper to exhume
the body of the late Mr. Cooke. Information reached Mr.
Smith, the pr'isoner's attorney, on Friday night, about 11
o'clock, of their intention. That, gentleman immediately
ga" notice to Meerre. Lander and Gardiner, the solici-
tors for the prosecution, at Rugeley, that be should
upon being present, with a view to an examination of the
spinal marrow and brain ; these two important organ?,
never having been examined before, althou?li they wonl'l
be those primarily affected by the administration of
strychnine. Prefessor 11,1 ton and Mr. O'iver Pemberton,
surgeon to the Birming ham General flivipital. attended at
Rugeley on Saturday morning, where they met Dr. Monet-
ton, who has been deputed by the Crown to make the re-
examination of the body, as required. We are not in a po-
sition to state what report T)r. Monckton may make, but
we are assured that so far as the examination went there
was nothing discovered to show that death had resulted
from the adminiktration of strychnine. Tie brain, how-
ever, was not examined. It had been extracted on the
first post marten examination, and had then been thrown
amongst the ablominal viscera, and consequently re•
examination upon the present occasion was impossible.
In connection with" this case, we may inentim that
notice has been given to the solicitors for the Crown, by ,
Mr. Smith. saying en Dr. Taylor for Lis reasons for
supposing Mr. Cooke had died from tetanir, produced by
the administration of strychnine ; and also to know
Whether Dr. Taylor founded his opinion before the
spinal column and brain hail been examined, and also
upon what data,. Mr. Smith also required a statement
of the condition of each organ be bad examined in refer-
ence to Dr. Taylor's evidence, wherein he said that no
other medicine Jut strychnine could produce tetanus.
A long array )f medical gentlemen have 1-ren connoted
will) regard to Prefes,,or Taylor's opilOore. a•:(1 a lip at
vniuminnus e'respoedence (eantei,ing Rom, important,
instances contradictory of the eff,,et said t, f.av,, been
produced by the drugs found in the body of the deceased)
will be produce' at the trial.

runsTIAT mrtlxitro, JANtrAny IL !Alt

SIIARE MARKETS.

(THIS DAY.)

RAILWIYS.

Closing Friuli
this day

24 26

4 - 4i

1M ~~

T 1 -
16 -in

":3 - £4
9 - .ii

83 -8
86i ;;L
13.

*"." *so

4 -- 2
.13t,
- 9j
25 V!
13 --- 21

72 - 74
31 - 5$
23 -

~, . ,

180 - 8
-
! '124 126
126
104 3.18
571 54
F 4 • 56

73 -
74
80A - 81

•••

61 sq
99 101
98i J 9
-• par!
I
87 ";13
7
5 ,11

251 -- 25i1

69 - 69
40 42

... ~.

TVE.

nustneen done
this day

&•. .
10 - 11

45 47

:303 „, 311

73. -
iiA
4i 3t
4i
,s

-- 7 d
5 3 t

22 -- 24

L 1,3. 1.05
•73, •••,... 75
- <6
el .62
67 69
5
2d.

- - 86

25 6

57 1

15

12i

22i 4

95 4 a
80 79 80

571 81

6i
98 9 Si

23} k

091 9 i i
40

31 IN

73 3 4j 3j
14;:.

14
491 i 9

<,i~ s ~

19 20
.34 43

19j
4f I

i :tt.

?ORR'Obi.
110 all 8 - S;
10 10 iDo. 5 p.c. Obltze. con, t•
in Sh. at par till '6l par - 2 p
20 tl lArdeunes f 1
• ::144,T,. Jan. '3i - •
X 14 iiniers to Graise..4lA, I 3 -- 2 •
18 I,,mbay, ttaroda,An•'
"I,ntral A,5..r • ' •- 1 p xin
18 all Do.
1;1 77tmours.ra .„„.. . -
10 11 ;),,to}. Rbenis4ll ..„, - 11. 114 )1
1() INstern of Franot - 36i
20 73 1.40, vr3w lO - 12
1:.; -01 gist in g. 5 p 92] 22 f
2) 5 ••
11) ' all D0.4p.e.8ud5.,'57
•
20 16 Ges'ong Melbou ne ..
.guar. 5 per c nt, •••
20 :'1 Do., Lou. allot., do. ... -
3 10 (14 Thof Caua:i4A 10 -- 9 104
Ir. 11. Do.
i,OO /t). Cert. of Dehen.
eon. into Stk. till 61 68
'OO sl ! DO. Comp. p.c., do 83 - 88
4 lat Central of Fran 33 - 4
21 All pt. intban Peninsn'. 204 - 201 20i 1
26 4 ,Great Luxembonr,.
Constituted 'Man.,. 5 a; 51 15 it
4 • !1[)o 3 -j I xin
V 11 Do. ro-ia. orf td. Sh
9,03. all ' 'a
251 96.1 :16 51
20,4 54 Do. Now - 3 9
hi • 1 nom. 3115., ,
with •:,p,,iou till '57 9B • 100
:Cr 710, U. 'Ng 1,20 t2c,
ii .2'.! Do, do., '7l, '04:„. 122.....2,.
Tr.' d 0... '73,
, . 11.6 liin
;.5
7,0 r e,-.lt. • 117 - 122 1184
i. 7 , %Or, ,
20 .tll Tnrnlion, •*-
5 :Lueoa Pist. 5p c p . -
9 - 15 11.79a4 moo c-itsr 84.
ar- • I. • f i•
tit , Stet-. p.e bat - 19
20 10 ill_-., 0., sp. c - 1
20 5 Do. 4i p. c. Exten .3 4;
‘ll Maria Autonia 7
Li AI Do. do, New -
JO I.urinr Neg.,.
-- 6
70 (I,i f),:). ter inter.st)...„ si - 5i
16 all 1-I,,rtltern of Franee, 35/ - 1161 36
20 e 00,29t.5h5, l2 121
20 all Do. 29.. 3p. s Ala
Ony.B. 4 Ants. ,
10 all :iorwogianTrunliPre' 7 -8
-
20 I sal :.),ris And Lyonp 461 -- 474' 471
40 all i)itto Ronde „,
.11 .Kris an,-1 fh•leane 47 -- 49
10 5 Rome and -Frascati,
20 Nnil), l9
5 all RoyalSwelish....„,.. 1i -2/ 2 a 11-
4 all Do. Obligations - 2 21
20 111 ismbre and 31euso,„ 9 - 9# 9/
10 all On. 51. p, ,`Ptlt. Prof.
211 5 icindc, guar: sp. s. 1 14
20 a.ll D 0...
20 all Southern of Frame
20 1.6 St. Andrew's and
(el:Lebec .... .
rx,'„Nqt Flaniers ..... i -- 4
le all I'l, 54 liur L. Pr0f......
20 lA% N. W. If _ 314 -- 32) 32
20 al; ('vest. of Switzerland -
6 all Wieebad"n , -
, all f ....... ll9 20

.1-01NT.WMCK B.A.NIKe4
4.0 all Angtralate. —
100 50 Bank of London 62 —f¢ w. 3 9-I
4.0 1.11. rri. Col. C • •
LO ti ill F. Amoric:l2: • • •• •
25 5 (iartd. Bank of As:44 pAr -- 1 p
20 4 :Thrtd. Stilt of India,
tustralia, ••.1
100 50 City „.
100 25 .1)Ion'al •
WO 20 ';oniineroial of Ifonil
20 ril Jole."--.loot.Srane.Cht. 17
20 all iaolid. Chnet. Bk. of
Anstralis , 17 -- 18 17
20 5 7)itto Now 4
50 20 f•-n.lon and Connty •• •
100 50 lAut.SLE.Balcg. Corp .ar .
50 111 Loudon .Joi at Stock •
LOO 20 I s,oud. & Weetrnimmt.‘, 49
,00 3F Vationai Pro.of Eng ...
20 10 Do. New .•
60 22; National of Irelawl
20 all Now South Wales,.,, 39 41 40i 6
25 , all Oriental Bank of .
Corperatlon .......... 43
00 »5 awmvine!al of Ireland 151 53
10 tT all 1, Cr or
I.
5 1 ':oval A ust.r,.';),
tO' "
.
25 :7 ••.9 39 e 4
•
„•• • • Do. New
ic 19 Cuioa Loudon 28 V3O