The Sun.
London, England, 1851-06-07 00:00:00

LONDON SATURDAY

EVENINGr JUNE 7, 1851.

NAVAL INTELLIGENCE.
Rear-Admiral the Hon. M. F. F. Berkeley, C. 8., M.P.,
and Captain Houston Stewart, 0.13., have left the Ad-
miralty for the Whitsuntide holidays.
Rear-Admiral Superintendent Prescott, .C. 8., returned
to Portsmouth from leave of absence on Thursday, and
relmieted his flag on board the Britannia, 120.
Commander Georee Parker has been appointed to the
Queen, 116, flag-ship in the Mediterranean, vice Codd,
promoted.
Commander Philip Somerville has been appointed to
the Banff coast-guard district, vice Maude, whose ap-
pointment has been cancelled.
Commander Thomas D. Stewart, and Lieuts. W. G.
Heath and M`Donald, hare been appointed to study steam
at the Woolwich factory.
It is with groat regret we aiIIIOUTIC 3 the death of a
worthy and highly intelligent and respected officer,
Lieutenant John Kiddie (1814), which took place at
the Royal Naval ilospital, Stonehouso, on the 29th ult.,
leaving a wife and ten children to lament his loss. Lieut.
Kiddie has served about 23 years oa full pay; for the
last twelve months as agent of one of the %Wet
India mail packets; and to the Uinta of a fever
caught some months since when in this service
in the West Indies, his death is attributable. lie en-
tered the navy Dec. 24, 1806, as first-class volunteer on
board the Mars, 74, Captains William Lakin, James
Raton, John Surman Carden, and Henry Raper; in
which ship, after attending Admiral Gambier's expedi-
tion to Copenhagee, he continued to servo as midship-
man, on the Channel and Lisbon stations, until Fe-
bruary, 1813. He then joined the Bellerophon, 74,
bearing the flag of Sir Richard Keats, at Newfound.
land, whore, shortly alter his promotion to the rank of
lieutenant, which took place July 29, 1814, he removed
to the Challenger, 16, Captains Fred. E. Vernon and
Henry Forbes. His appointments since the paying off
of the latter vessel in September, 1815, have been—Oct..
15, 1830, to the Talavera, coast blockade-ship, Captains
Hugh Pigot and David Colby—April 16, 1831, to the
coast-guard—June 11, 1833, to command the Fox
revenue-vessel—June 22, 1836, to the coast-guard—
Jan. 29, 1844, to command the Harpy, another revenue-
cruiser—and April 22, 1847, again to the coast-guard
until August 4, 1847. The eldest son of the deceased is
now serving as second master in the Gladiator steam-
frigate, en the coast of Africa, and, in addition to having
obtained first-class certificates from the Trinity House,
and various recommendations for his professional skill,
he has on several occasions distinguished himself, espe-
cially so at Marseilles; when, acting master of one of the
mail packets, he obtained the thanks of the French au-
thorities for extinguishing a fire.
ARRIVAL Or THE HERALD.—This ship, commanded
by Captain Kellett, C. 8., has at length reached England,
having touched at Portsmouth yesterday, on her way to
Chatham to be paid off. She has been absent from
England for more than six years and her ship's company
has seen as many races of men, have visited as many
previously unknown places, and felt the influence of as
many different climates, as any crew of a single ship
since the first days of navigation. After surveying in
the Pacific for many years she was sent to Behring's
Straits, to communicate with the Plover, in search of Sir
John Franklin, and her route thence has been to Hong-
Kong, Singapore, the Cape, and St. Helena. The First
and Second Lieutenants, Maguire and Trollope; the
surgeon, Mr. Goodridge ; the Assistant-surgeon, Mr.
Billings, and hor clerk, Mr. Whiffin, have been in her
during the whole term of her commission, since Feb.
ruary, 1845. Her paymaster, Mr. Woodward, it will be
remembered, died on the passage home.
Birkenhead troop-steamer, Master-Commander Sal-
mond, arrived at Portsmouth yesterday morning, and
went into harbour to coal and hold herself in readiness
for further service.
Hecate, 6, steam-sloop, Commander Hand, has moved
out to Spithead, to wait orders.
Retribution, 28, steam-frigate, Captain Warden,
arrived at Spithead from Lisbon (having sailed home),
yesterday morning. She has had a long passage of 20
days, and was ordered into harbour to be taken into the
new dock at the north corner of the yard on Monday
next.

PORTSMOUTH, FRIDAY.—The Prince of Wales, India-
man, Captain Hopkins, passed the bight this morning,
and communicated by pilot-bor.t. She brought one
day's later nows from the Cape, and the following pas-
sengers:—

From Calcutta for London—Mrs. Graham, Mrs. Eta-
son Mrs. Carleton, Mrs. O'Brien,- Mrs. Ball, Mrs.
Hicks and two children, Mrs. Spense and two children,
Mrs. Macmullen and four children, Mrs. Doyne and
one child, Mrs. Campbell and throe children, Mrs.
Tweedie and four children, Mrs. Cameron and three
children, Mrs. Weston and two children, Miss Finch,
Miss Graham, Miss Etcson, Miss Brown, Miss. M.
Brown, Miss Pater, Colonel Graham, 11th Regiment
Native Infantry; Major Hicks, 67th Regiment of Native
Infantry; Captain St. George, 17th Regiment of Native
Infantry; Lieutenant Cookworthy, Artillery; Jeffery
Finch, Mr. J. T. D. Cameron. Children—(2) Misses
Savis (2) Misses Kenny, (2) Masters Durand, Miss
Bishop, Master Bishop, Master Court, Master Finch,
and fourteen servants.

From the Cape for London—Mrs. Austin and three
children, Miss Khunard, Mr. Austin, Mr. Blake, R.N.,
M. Nicholson, and one servant.

Lift at the Cape of Good Hope from Calcutta—Mrs.
Davidson and one child, Captain N. W. Davidson, 18th
Regiment of Native Infantry; Mr. T. Twcedie, deputy-
magistrate; and two servants.
The ship Prince of Wales left Calcutta on the 13th of
February; the Sandheads, on the 16th of February; ar-
rived at Table lay on the 3d of April; and 14A Table
Bay on the Bth of April.
March I.—Signalled tha 'British bark" Nemesis, from
Calcutta, in lat. 0 deg. 16 min. N., long. 86 deg. 50 min.
E. March 26.—Signalled the British bark Sappho,
from Manilla, for Grand Cayman, in lat. 32 deg. 30 min.
S., long. 30 deg. 7 rain. E., and parted company off
L'Agulhas on the 2d of April. April B.—Left at Ta-
ble Bay the British ships Earl Balcarres, from Bombay;
the Vernon, from Madras; and the Soubandar, from
London; and signalled the British barque'Alexander John
Kerr, standing In towards Table Bay. April 28.—Spoke
the Dutch ship Jacobs Helena, from Batavia for Rotter-
dam, in lat. 0 deg. 44 min. N., long. 20 deg. 41 min. W.
May 15.—Signalled the English ship Aginconrt, from
Calcutta for London, in lat. 33 deg. 0 min. N., long. 35
deg. 21 min. W. May 18.—Spoke the English brig
Amaranth, from Newcastle for Newhaven, United States,
in lat. 40 deg. 37 min. N., long. 32 deg. 34 min. W.
May 27.—Signalled the English ship Carnatic, in lat.
46 deg. 0 min. N., long. 16 deg. 29 min. W.
PLYMOUTH, THURSDAY.—Yesterday Commander H.
T. Van Maldeghem, of his Netherland Majesty's steam-
frigate Merapt, with Commander A. Baron Collot d'Es-
cury, accompanied by Mr. John Luscombe, the Nether-
lands Consul at Plymouth, visited Port-Admiral Sir J.
Ommanney, General Sir H. Murray, and other official
personages connected with her Majesty's Government
at this port.

The Merapi was built at Rotterdam in 1842, and has
made a previous voyage to Batavia, on returning from
which, about two years since, she incurred considerable
damage in a storm, and was in consequence thoroughly
repaired and then laid up in ordinary. On the 14th of
March last she was commissioned by Lieut. Maldeghem,
and is bound to Batavia, where she will be under
the orders of Admiral Hays. Including ten Marines
she carries a complement of 125 bands. It is not the
practice to measure for tonnage in the Netherlands navy,
but the burden of the Merapi may be estimated at 1.000
tons; she is 52 Dutch yards in length, 12 in breadth,
and 10 deep, and draws about 4.9 Dutch yards, which
are 3 feet 21 inches English. Her armament, besides a
few brass swivels fixed on the bulwarks, consists of eight
guns, viz , four 30 pound carronades, and two long 30-
pounders on the broadsides, abaft the mainmast, and
two traversing 80-pounders on the bow and stern,
where the bulwarks shift for practice. She is round-
sterned and barque-rigged, and her steering-wheel is
fitted before the mizen mast, so as to leave her
quarter-deck free for heavy metal. The engines of
the Merapi are of the ordinary description, of 220-
horse power, having cylindeers inclined to 30 degrees,
supplied with spring pistols and nozzles; they were con-
structed by the Dutch Steamboat Company, at their
foundry, Fyeneord, near Amsterdam; the paddle-wheels
are 22 feet diameter, 7 feet 6 inches wide, and the pad-
dles 18 inches broa. The frigate is provided with a
launch, carrying a 30-pound carronade, a gig, captain's
boat, officers' boat, and yawl. Her rate of speed under
steam, against light contrary winds, is estimated at 9
knots; in a calm, 9i; under canvas, before the wind, 10
to 12 knots. The cleanly condition of the ship and
orderly manner of the crew are highly creditable to the
discipline observed by the commander and officers of the
Merapi.

WOOLWICH, JUNE 6.—The Birkenhead steam troop-
shp, Master Robert Salmond, passed through the Downs
at nino o'clock A.M. yesterday, on her way to Ports-
mouth, where she will wait orders.
The Megalra, 10, iron screw steam-frigate, will leave
Sheerness to-morrow for Cork, to embark troops Lt the
latter port for the Cape of Good Hope.
The Desperate, 8, screw steam-sloop, of 400-horse-
power, having been made ready for sea at Sheerness,will
leave in the early part of ^eat week for Devonport,where
she will remain as an advanced war steamer, or for com-
mission.

ROYAL MARINES.
First-Lieutenant Richard King eleven, of the Wool-
wich division, has been appointed to be Captain at Ply-
mouth, vice Snowe, deceased. Captain Snowe was
serving on board the Arethusa, 50, at Lisbon, at the
time of his deeaase. Captain eleven's commission is
dated the 29th of May, 1851, and he left Woolwich for
Plymouth on June 2.
Second-Lieutenant Richard Pentland Henry, serving
on board the Leander, 50,at Lisbon, to be first-lieutenant,
vice Clavoll, promoted.
Lieutenant E. B. Snow, of the Woolwich division, has
three months' leave of absence, from May 30.
One sergeant, one corporal, and twelve privates, who
left Woolwich to join the Prospero steamer, at Holy-
hew!, have returned to the head-quarters of their divi-
sion at Woolwich.
Captain Berney Varlo was appointed, on the sth of
June, to the Arethusa, 50, at Lisbon, in the room of
Captain Snowe, deceased, and will embark in the packet
which leaves Southampton to •morrow for Lisbon.
First Lieutenant Frederick Augustus Percy Wood
embarks at Deptford in the Sir Charles Forbes freight-
ship for a passage to Ascension.
The band of the Woolwich division of Royal Ma-
rines have received instructions to atteud in the Victoria
Park, Stratford, on the afternoons of Tuesday and
_ Fri-
day, until further orders. They will play from three to
fiva P.M..on those clays.
The officers of the Woolwich division have lea
one week to visit the Exhibition. Two-third wivilee
of
permitted to be away at one time, and no leave will be
granted after June 29, 1851.

Viscount Melville, we hear, is seriously indisposed.
The captain-superintendent of Deptford dockyard has ob-
tained leave of absence to visit his brother.

LAW INTELLIGENCE,
COURT OF QUEEN'S BENCH, June 6.
(Sittings in Banco.)
SLMB AND ANOTHER V. MAIIIIYAT.
This was an action to recover damages from the de-
fendant for a loss incurred by the plaintiff's in preparing
to publish the late Captain Marryat's tale of the "Adven-
tures of Monsieur Violet." The defendant, who was
his son, had sold the copyright to the plaintiffs, when,
just as they were about to:publish it in the " Parlour
Library," they received an intimation from Mr. Bentley
that it was his property, by b ale from Captain Marryat.
They did not accuse the defendant of having made the
sale except in entire ignorance of what his father had
done, but they insisted that beyond the return of the
purchase-money, which he was willing to give back,
they were entitled to damages for the expenses they has
incurred in preparing for the publication. The defen-
dant had put on the record pleas which raised the ques-
tions whether the contract between himself and the
plaintiff amounted to a warranty that the copyright Was
in him, and whether Mr. Bentley possessed such an
equitable right to the work as justified the plaintiffs in
desisting, upon his notice, from publishing .t.
Mr. Hugh Hill was heard for the plaintiffs; and Mr.
Sergeant Channel! for the defendant.
Lord CAIVITBELL—i think that the plaintiffs are eeti-
tied to our judgment. We are not called on to inquire
what might be the rights of the plaintiffs in the absence
of an express warranty; on that point the law is perhaps
in an unsatisfactory state. According to the decision of
the Court of Exchequer in the case of " Morley v. At-
tenborough," with the doctrine of which I entirely
agree, if a pawnbroker sells an article pledged with him
he does not enter into a warranty of title. He nudes-
takes only that he has a right at that time to sell the
property, the time of pledging having expired; and ho
sells such right as the default of the pawner has vested
in him. But, from the able view of the law taken by the
Learned Judge who delivered the judgment of the Court
in that case, many questions appear to remain open; for
though the general doctrine of caveat emptor applies to
the purchasers of personal property, still there aro many
exceptions to its application. All goods sold in a shop,
and under executory contracts, are stated to be excep-
tions to the rule. Here we have no necessity to dis-
cuss these questions, for in this case there is an ex-
press contract between the parties. The language of
the letters leaves no doubt whatever that there was an
express positive warranty of title in this case. That
is found both in the correspondence and the receipt. If,
after these letters, there had been a formal agreement,
we must have looked to that alone; but there was none,
and the letters themselves constitute the contract be-
tween the parties. Taking the correspondence and the
receipt, we cannot doubt that the defendant, in ignorance
of what his father had done, and without the smallest
moral impropriety, but believing that the copyright was
in him, did warrant that it was so, and warranted to
the purchaser the title to that copyright. What was
this correspondence? The defendant, in answer to a
letter received from the plaintiffs, says:—" I shall be
happy to agree with you respecting the copyright of
the Adventures of Monsieur Violet.' " What is copy-
right? It is the exclusive right to multiply the copies
of the work; and that was what his letter says he was
willing to sell. Then comes another letter, in which the
defendant says, " You formerly made me an offer of 50
guineas for the exclusive right of publishing in your
Parlour Library,' for ten years,.Captain Marryat's work
of • The Adventures of Monsieur Violet,' which offer
I accept." Hero is an acknowledgment of a contract
by which the defendant sells to the plaintiffs
the exclusive right of publishing a work of
his father's in a particular form. How could
he do that unless he had the whole copyright in him-
self? If he had already sold part of the copyright he
could not have sold the " execlusive right of publishing"
in this manner, so that this was equivalent to affirming
that he had not sold any part of the right, but had the
whole of it in himself. He also says, " I possess but
few of the copyrights of Captain Marryat's works, many
of them having already been published in a cheap form.
I will let you know in a few days those that belong to
me." What is this but stating that what he did sell did
belong to him? The offer was an cifer for the exclusive
right of publishing for ten years, and that offer he ex-
pressly accepted. We find the same thing if we pass from
the letters to the receipt. What are the words of that
document? " Received from Messrs. Sims the sum of 50/.
sterling, for permission to publish Captain Marryat's
work, ' The Travels of Monsieur Violet,' so long as the
copyright in that work exist; that right to be exclusively
their own for ten years from this date." Is not the con-
tract there described broken by the plaintiffs not having
the exclusive right? Here is a positive, direct, and express
warranty, and we are therefore relieved from any con-
sideration of what may or may not be implied, and on
the first issue:the judgment must be for the plaintiffs.
Then, are the plaintiffs entitled to the verdict on the
second and third issues? I think they are, for it is
clear that Mr. Bentley had an equitable interest in the
copyright of this work. The question has been mooted,
whether wo can take notice of the doctrines of equity
when they come incidentally before us. No doubt we
can. With respect to the ecclesiastical law, the old prac-
tice was to move for leave for the Court to be addressed
by u pair of doctors, but when they were heard they
came, not as witnesses to speak to the ecclesiastical law
as a fact, but as counsel to assist the judges with their
arguments. It has been said that we know nothing of
Parliamentary law and the law of privilege; but we
must instruct ourselves upon it in the best way we can,
by looking into " Hatsell" and other Parliamentary
books, to qualify us for deciding upon it. So with re-
gard to equity, we are supposed to be acquainted with
it, or to have the means of making ourselves acquainted
with it. Now Ido not doubt that in this case the agree-
ment between Mr. Bentley. and Captain Marryat could
have been enforced in equity, and lam therefore of
opinion that the plaintiffs are entitled to our judgment
on ail the issues.

Tho other Judges concurred.
Judgment for the plaintiffs.

BAIL COURT, June 6.

:sittings at Nisi Prius, before kr. Justice WIGRTMA.N
and a Common Jury.)
DELL V. FOWLER.

This was an action brought by an attorney to recover
the sum of 341. 7s. 61, being the amount of his bill of
costs against the defendant, who was a gentleman that
supplied casual information to some of the London news-
papers.
It appeared that the plaintiff had acted as attorney to
the defendant, and had commenced an action at his in-
stance against the publisher of the Daily News, for an
alleged libel that had arisen out of a disagreement
which the defendant had had with some of the morning
newspapers in reference to a written charge obtained by
him from the Bishop of London. The plaintiff refused
to proceed with the action of libel unless the defendant
paid him the costs out of his pocket, which he failed to
do. The defendant, who appeared in person, stated that
the plaintiff had undertaken to go on with tho action
against the Daily News for the sum of 71. Of the whole
sum claimed by the plaintiff, 271. was for the costs incur-
red in the action referred to.

The jury found a verdict for the whole amount claimed
by the plaintiff, subject to the taxation of the Master.

POLICE INTELLIGENCE.
CLERKENWELL.
Madame Leonara Violante Valladier, surrendered to
her bail, charged by M. Frarcois Caesar Valladier, of
No. 12, Northumberland-street, Strand, upon a char ge
of bigamy.
Mr. Lewis attended for the prosecution, and a Mr.
Fisher for the defence.
Mrs. Mary Frances Bobbit, No. 1, Bryan street, Cak-
denian-road, Islington, sworn, proved that she saw Mr.
Frederick Weymouth that day in the neighbourhood
alive and well.
Mr. Fisher—Pay, what are you? Mrs. Bohbit—l
am a lady.
Are you married?—l am.
Do you know the nature of an oath ?—I do.
Do you know that you are liable to be indicted for
false swearing if you don't speak the truth?—l do.
He put other questions which were quite irrelevant,
when ho was stopped by Mr. COMBE, who told him that
he would not sutler the time of the Court to be wasted.
Mr. Fisher—Pray have you not been on terms of in-
timacy with M. Valladier? Mrs. Bobbit (indignantly)
—Never, I have seen the prisoner with M. Valladier.
They lodged in my house, and she promised to pay me,
which she has not done.
Mr. Fisher—Pray how long have you been acquainted
with Mr. Weymouth? Mrs. Bobbit—Five years.
Fran9ois Cmsar Valladier deposed that he married the
prisoner in the month of November, 1848.
Mr. Fisher—Pray how long did you know her before
your marriage with her?
Mr. COMBE (to the witness)—You need net answer
that question.
Mr. Fisher—Pray how long did you live with her be-
fore you married with her?
Mr. COMBE—You need not answer that question.
Mr. Fisher—Did you live with her at all?
Mr. COMBE—You need not answer that question.
Mr. Fisher—Did you ever open any boxes of her's?
Mr. COMBE—You need not answer that question?
Mr. Fisher—Oh, then it is no good putting
any snore
r u
questions here, we had better lot the matter drop alto-
gether.—(A laugh.)
Mrs. Charlotte Billington, of No. 2, Fair-street, Horse-
lydown, was present at the marriage between the prisoner
and Mr. Frederick Weymouth, in March, 1845.
Mr. Fisher was about to question this witness, when
Madame Valladier rose, and addressinge Mr. Combo,
said—Sare, me don't wish that ntl eman to say any
more for me. Me mush radars sayg for myself.
Mr. ComßE—Very well,then
your-
self? Madame Valladier—y you will defend
ef,3,, Bare.
Mr. Fisher (hesitatingly)-
1
Worship, I suppose I need not stay
after that, you.
t o
Mr. COMBE (smilin ) y here any longer.
Ho then walked fig as informed,
without know best about
the reporter was
without his fee.
M. Valladier was re-examined—On making his ap-
pearance in the witness-box the prisoner, with consider-
able emotion, pointed at him and said: "He was the
friend of my first husband; he took me from my first
husband (pointing to Mr. WeyMouth, who was standing
near the dock) (she here burst into tears and fell upon
the seat). That man (looking ac the prosecutor) dined
at our table arid he took me away."
The prosecutor said she always represented herself to
him as a single woman.
She was fully committed to Nergate for trial.
Mr. Weymouth here addressed the bench, and said he
had a certificate in his possession of a marriage which
took place between the prisoner and a gentleman prior
to her marriage with him (Mr. Weymouth), and she
was no more his wife than M. Valladier's.
Mr. COMBE said he could attend to nothing but
evidence.

We exceedingly regret to state that Major-
General Macdonald, C.B , of the Royal Artillery, brother of
the late lamented Adjutant- General, is alarmingly ill at his
residence in Londou,Dritish dimly Despatch.