The Sun.
London, England, 1851-12-22 00:00:00

THE MEDITERRANEAN.

SOUTHAMPTON, SATURDAY MORNING.—The Pe-
ninsular and Oriental Steam Navigation Company's
ship Bentinck, Captain Hillock, arrived here at an
early hour this morning, bringing the heavy portion
of the East India, China, and Mediterranean mails.
The Bentinck brings dates from Alexandria, Dec.
7th ; Malta, the 11th ; Gibraltar, the 15th. The
Bentinck made the run from the Rock of Gibraltar to
the Start in three days 16 hours. Our advises from
Gibraltar state that the differences between the Em-
peror of Morocco and the French Government are
not yet settled. The reply of the Emperor being
unfavourable to the French demands, accordingly all
the French residents embarked on board of the
Charo
steamer of war, but subsequently landed again, and
ilLiribnegeunnderstood that the Pasha of the Province
Thesc
sure subsided,
tude 33 deg.
d'Affaires,
crew saved by Frenchempowered to treat with the French
on:irnnal tit atchhee
lexcitement , had
fo foundered
niane
rs
eo
board the Benti
trade was gradually reviving.
;
atdmeininlaeatil.
longitude 23 deg. west ;
brig Aimable, and put on
Gibraltar, for passage to
England.
The screw steamer Tiber, sevenand a half days
from Liverpool, ved at Gibraltar on the 14th
instant.
Her Majesty's ship Resistance sailed from Gib-
raltar on the 15th for England. Her Majesty's ship
Ganges sailed from Malta for England on the 7th
instant.
At Gibraltar exchange on London was quoted Soi ;
Spanish pillared dollars, 1+ per cent. premium.

THE ARMY AND NAVY.
(From the United Service Gazette.)
Captain Horatio Austin, C. 8., the ex-commander of
the last Arctic expedition, it has been reported, will
aucceed Captain A. L. Corry as Superintendent of the
packets at Southampton. We believe there is not the
slightest foundation for this report.
Rear-Admiral the Hon. M. F. F. Berkeley, C. 8.,
M.P., is absent from Whitehall at his country seat,
Fishbourne, Chichester ; and the Secretary, IVIr.
Parker, M.P., is on a visit to the Earl of Yarborough,
at Brocklesby-
Park, Lincolnshire.
Rear-AdmiA
nd Deans C. 13.1 it is ti"er"

a

stood, will accept the Chiltern Hundreds on the
opening of Parliament, the first week in February.
He will not hoist his flag on board the Britannia, 120,
at Portsmouth, nor will he resign his post at the
Admiralty, before that time. _ _

ADMIECALTY CHANGES.—It is now stated that on
the retirement of Admiral Dundas from the post of
senior Naval Lord of the Board, the vacant seat will
be given to Commodore Eden, now Superintendent
of Woolwich Dockyard ; that Captain the Hon. R.
S. Dundas, C. 8., now Superintendent of Deptford
Dockyard, will remove to Woolwich, and hoist a
Commodore's broad pendant ; and that Captain
Austin, C. 8., will succeed to the Superintendentship
of Deptford Dock and Victualling Establishment.
We give this as a mere report. We have no confi-
dence in it.

CHATHAM GARRISON.—The troops in garrison
have been placed in orders for the practice of route
marching during the winter months. The usual
amount of leave granted at this season of the year is
already thinning the garrison.
ARMY RETIREMENT.—Major Ashmore, 16th Regi-
ment, is about to retire from the service by the sale
of bis commission. He entered the army in
February, 1826.

HYDRADAD AND MEEANEE PRIZE MONEY.--The
period having expired for making the distribution of
the second dividend in India, it is expected that the
lists of the unclaimed shares will shortly arrive in
England.
The following infantry regiments stationed in
Ireland are first on the roster for foreign service, viz.,
71st Highland Light Infantry, Ist Battalion ; 89th,
39th, 14th, 9th, 62d, 17th, 52d Light Infantry, 63d,
81st, 35th, 27th (Inniskilling), 90th Light Infantry,
and 91st, Ist Battalion. Regiments in Ireland for
service in Mediterranean :-40th, 31st, 57th.
The following regiments of cavalry stationed in
Ireland are first on the roster for Great Britain, viz. :-
7th Queen's Hussars, 6th Dragoon Guards (Cara-
biniers), Ist (King's) Dragoon Guards, 7th Dragoon
Guards, sth Dragoon Guards, 4th Royal Irish Dra-
goon Guards.
Major-General Aitchison, late in command at
Madras, and his aide-de-camp, Lieutenant Crawley,
15th Hussars, are on their passage to England by the
overland route, having embarked on the 13th of
November.

Major. General Godwin, C. 8., appointed to the
Bengal command, arrived at Calcutta on the 17th of
November, and has been posted to the Sirhind division.

DRAFTS ion THE CAPE.—The authorities at the
Horse Guards have issued orders for detachments of all
the regiments, now serving at the Cape of Good Hope,
to be in readiness for immediate embarkation to joi❑
their respective service companies.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 20.

ROTHSCHILD V. ROYAL MAIL STEAM-PACKET COMPANY.
This was an action to recover the value of a box of
golddust, which was alleged to be lost through the neg-
ligence of the defendants.
The Attorney-General and Mr. Wiles appeared for
the plaintiffs, and Sir Frederick Thesiger, Mr. Crowder,
Mr. Greenwood, and Mr. Bovill for the defendants.
The ATTORNEY-GENERAL, in stating the ease to the
jury, said—The action was brought by Messrs. Roths-
child, the eminent firm of the City, against the Royal Mail
Steam Packet Company, to recover the sum of 2,2601.,
the valise of a box of golddust, which, among other
boxes of the same character, was delivered to the
company, for the purpose of being conveyed from
South America to this country, but was lost in
the course of the journey. In April of the present
year the plaintiffs had 11 boxes of golddust at Panama,
which they wished to be brought to London. Their
agent at that place, a Mr. Davidson, accordingly de-
livered them to the company's agent, and received from
him a bill of lading in which the company undertook to
deliver them in the same good order and condition at the
Bank of England, injury or loss by the act of God, the
Queen's enemies, pirates, robbers, fire, accident by ma-
chinery, dangers of the seas,
'roads, and rivers, excepted.
The boxes were numbered from 151 to 161, and were
shipped at Chagres, in the steam-ship of the company
called the Great Western. The vessel arrived at the
Southampton Docks on the 7th May, and the goods
were landed on the following day. She brought
home a great quantity of specie contained in
no !exit than 283 boxes. On being landed they were
placed in waggons belonging to the South-Western
Railway. The eleven boxes of Messrs. Rothschild were
loaded in a particular waggon, which contained alto-
gether forty-six boxes. The waggons were sent up to
London on the night of the Bth, and when the train
arrived at the Nine Elms Station on the next morning,
it was discovered that three oat of the 283 boxes were
missing ; one of them being the box now in question.
On the same day, the ash, Messrs. Rothschild received
a letter from the company intimating the loss, and stat-
ing they would be happy to adopt any measures, or to
afford any information which might lead to its recovery.
To this Messrs. Rothschild replied that they considered
the company was fully responsible for the safe delivery
of the goods at the Bank of England, and they would
leave them to take the necessary steps in the matter,
though ready to afford every information in their power.
The question that arose on this state of facts was
whether the Royal Mail Steam Packet Company was
responsible to Messrs. Rothschild for the loss so sus-
tained. They, the defendants, said the loss came
within one of those cases of exemption from liability
which were mentioned in the bill of lading, viz., losses
by robbers and the dangers of the sea and road. They
alleged they were prevented delivering the box in con•
sequence of robbers and the dangers of the road. Now
this defence involved questions of very great importance,
nut only to the company but to all the merchants in this
country who imported bullion from South America,
especially as the company possessed the monopoly of
the carrying trade and steam-packet between South
America and England. The gold was originally ob-
tained on the western coast of South America, and

was brought across the isthmus of Panama to
Chargres, which was on the Atlantic side of the country
—it thus passed through a country very much disturbed,
in which there were none or very bad police, and fre-
quently exposed to the incursions and attacks of rob-
bers. It became necessary to have troops to protect the
goods so transported. Before the gold got to the sea, it
had to pass a considerable way down the Chagres
river in barges, and here, too, the danger of transit
was considerable; and he apprehended that the excep-
tions in the bill of lading had reference to risks of this
kind, and not to a theft committed after the goods ar-
rived in England. He should show that the loss of the
particular box arose from the negligence and want
of foresight of the defendants. The gold was
brought up from Southampton like ordinary merchan-
dis,,, in waggons covered with tarpauling. Instead of
placing it under the care of the railway company, and
paying an additional sum, they left it to the charge of
their own servants, and the robbery was occasioned by
their carelessness.

The CHIEF BARON said it would be a question whether
a robbery c )mmittcd between Southampton and London
came within the exceptions in the bill of lading.
The ATTORNEY-GENERAL said no doubt it would, but
ho was prepared to contend, even supposing the loss was
excepted by the contract, that the negligence of the
company was the primary cause of the. loss.
Admissions with regard to the receipt, non-delivery,
and contents of the box, being put in,
Sir FREDERICK THESIGER, for the defence, said the
Royal Mail Steam Packet Company had no desire to
avoid any liability to which they were properly exposed,
j
and their only anxiety was to have some uoicial decision
as to the extent of the liability which was imposed upon
them by such a contract. Ho admitted that whether
goods so stolen came within the meaning of the excepted
cases was a question of law entirely for his Lord hip;
and the only point to which the jury would have to
direct their attention was that of negligence. He
should prove that there was no negligence
on the part of the defendants. Every precau-
tion was taken to ensure the safety of the
property. The train by which the boxes were conveyed
to London consisted of sixty-nine carriages -and trucks,
and started at nine in the evening from Southampton.
The waggons containing the boxes were covered with
tarpauling, well tightened down and then locked, and
four of the steam-packet company's servants travelled
with the train for the protection of the property, and
whenever the train stopped they got out and kept their
eye upon the boxes. At half-past ten the train arrived
at Winchester, and it was hero by a preconcerted plan
that the robbery was effected. It appeared that about
four or five o'clock in the morning of the 9th
a boy living at the Jolly Farmers' public-house,
Winchester, went down the garden for the purpose
of bird-nesting, and he discovered among some high
grass a box which turned out to be one of the three
stolen from the waggon. Suspicion fell upon a person
of the name of Pamplin who was seen to come to the spot
shortly afterwards, and he was arrested, tried, and con-
victed. Sir Frederick contended that under these cir-
cumstances the plaintiffs could not recover against the
company, a robbery of this nature being one of the
road.

Evidence as to the way in which the goods were packed
and guarded was then gone into.
The parties agreed that the points of law arising under
the contract should be reserved for the Court above.

The ATTORNEY-GENERAL then addressed the jury,
in reply, on the question of negligence.
The CHIEF BARON, in summing up the evidence, told
the jury that the defendants were responsible for the
goods provided ; the loss did not come within the ex-
cepted cases mentioned in the contract, and that negli-
gence on the part of the defendants had nothing what-
ever to do with the question. If the contract did not
contain such an exception then the defendants would be
liable, whether the loss was occasioned by their negli-
gence or not.

The jury found a verdict for the plaintiffs for the full
amount on the principal pleas, subject to the opinion of
the Court above.
The jury intimated they considered there had been
❑egligence.

COURT OF BANKRUPTCY, Dec. 20.
(Before Mr. Commissioner GOULBURN.)
IN RE GRANVILLE.—JUDGMENT.
Ills HONOUR had reserved judgment in this case.
He now said,—There was a case before him a few
days since of Augustus B. Granville, who was adju-
dicated a bankrupt as a boarding and lodging house
keeper. This was one of those cases in which it was
difficult to apply the principles of the bankrupt law.
Here the trading was in small matters, indeed, sufficient
to bring him within the operation of the bankrupt
law, but quite distinct from his main pursuit, which
had been for years that of A physicuw, and he had