The Sun.
London, England, 1867-02-23 00:00:00

HAY.

SMITHFIELD.—Meadow hay, £2 15s to £4 ss; clover,
£4 Os to £5 lOs; and straw, £1 16s to £2 6s per load.
Trade quiet.
CUMBERLAND.—:Meadow hay, £3 Os to £4 8s ; clover,
£4 Os to £5 lOs Od ; and straw, £1 18s to £2 6s per load.
Demand inactive.

WHITECRAPEL.—Meadow hay, .£2 15s to £4 5s ; clover,
£4 Os to £5 15s Od ; and straw, £1 16s to £2 16s per load.
A heavy inquiry.

LIVERPOOL COTTON MARKET.
(This Day.)
Market opens quiet, at about yesterday's closing
rates. Sales probably 7,000 or 8,000 bales.

SO THAT THEY RATHER LIKE IT !—A Cambridge
paper states that at a business meeting of the Cambridge
Union last week a proposal was made to exclude Mr. Swin-
burne'a poems from the list of books recommended for
purchase by the library committee. After some discussion,
it was carried by a large majority that the book should re-
main on the list.

THE LATE Mu. N. P. WILLIS.—The funeral of
the late Mr. N. P. Willis took place on the 24th ult., at
Mount Auburn, when the following gentlemen acted as
pall-bearers : Professor Henry W. Longfellow, Dr.
S. G. Howe, Edmund Quincy, Esq., Professor Oliver Wen-.
dell Holmes, James Russell Lowell, Esq., James T. Fields,
Esq., E. P. Whipple, Esq., T. B. Aldrich, Esq., and Mr
Merritt Trimble, of New York.

YREFEREN (Ur. tiriAltEn.
Great Western, Orig. 44 per cent., SO
North Eastern, G.N.E.. 4 per cent. pref.,
Stockton and Darlington B, 6 per cent., 32
PREFERENCE S:IARES AND STOCKS.
Great Eastern 41 per cent
Ditto, 5 per cent., 1862:63
London, Chatham, ac., Metrop. Eat. B, 6 per cent.. 30

FoREIGN RAIL WA YtN.
Bahia and San Francisco, 11. n., gua. 7 per 0ent.,12
great Luxembourg, 12
San Paulo, lien., gua. 6 per cent., 13}

FOREIGN MINES.
Chontalea Gold and Silver Mining, 2
Don Pedro, Nunn Del Hey, pm ,
St. John del any, lira., 52
United Mexican, lira., 21

BANKS.

Alliance, Jim.. 17
Australasia, 67
Chartered ller. of India, London, and Chilta, 34 1
onsolidated Bank, lim., 4}
L andoll and Brazilian tlim.),
Ditto, new, 41
London Chartered Pans of Australia, 22
London and County, 6:li
London and 11 estminster, 941
Midland Bank, Um., 18 4
Union of Australia, 47
Union of London, 454
MISCELLANEOLJI3.
Anglo-American Telegraph, 151 1
Atlantic Telegraph,
Dit o, 8 per cent., 55 3f
Berlin Water IVorks, Rm., 111
Ditto, new, 54
Canada Company, 70
Ceylon Company, .04 I
Ditto, A shares, 14
City of Moscow (i'as, lim., 17 17
Commercial Union, Insuran..te, 4 3i
Crystal Palace,
DU to, Prderence, 102
Ditto, 6 per cent. perpetl. deb., 1(9
Ebbw Vale, of
Egyptian Com. and Trading, Um., 3
Credit Fonzler of . 3
Electric Telegraph. 131
Hudson's Bay, ;6 1
Imperial Land Company of Marseilles, Urn., 11
international Financial society, Um. 21
London General Omnibus Company, lint, 34
Lon, on and Provincial Marine, 111
M dras Irrigation and Canal (guaranteed 6 per cent. by In-
dian Government), 191
Merchant Shipping, Wu., 121
National Discount Company,
Ditto, new, issued at 5 prem., of Whioh 24 is to pay, 11
New Consolidated Discount, lim ,
North British A ustrAssian, 42
Ocean marine Insurance), 101
Panama. New Zealand, and Aus. R. Mail, 71
Peninsula and Oriental *team, 65

Ditto, new, 6ba
Submarine Telegraph, 62
Thames and Meisey Marine, Insurance, lim.,
rust and Loa,' Company f Upper Canada, 4}
Universal Marine, Insurance, ilia., 2:

The ADULLAMITES are going to set up a new
penny daily paper, so it is rumoured, of which Mr. Hutton
is to be the editor, and the Marquis of Westminster the
capitalist.

LAW INTELLIGEME.—This Day.

COURT OF QUEEN'S BENCH.
HOLAR V. HARRISON AND OTHERS.

This was an action to recover a sum of £146 its. 6d. for
goods sold and delivered, to which the defendants pleaded
not indebted, and the acceptance of a bill of exchange in
payment of the claim.

It appeared that the plaintiff was the trustee of Messrs.
Golistnidt and Cross, who had been provision merchants,
and the action was brought for provisions supplied to a
ship called the City of Melbourne, in the port of London,
which was bound for Mobile. Tho defendants were the
owners of a vessel, and were extensive shid proprietors at
Liverpool. The orders were given in writing by Mr.
Machi, the husband of the ship, and who had previously
had several dealings with the firm of Goldsmith and Crow
in Feb., 1866. There was prima Pcie by the register of
the ship that the defendants were pin Owners of the ves-
sel, but that fact 4as not disputed. With regard to the
bill of exchange, the parties from whom it had been re-
ceived had failed in business, and the bill was dishonoured.
There had been no money payment whatever t.) Messrs.
Goldsmith and Cross on accouut of the amount claimed.
As the evidence was proceeding it was agreed between
the parties that the case should be made special on a point
of law to be brought before the upper Court.

APPEALS.-110USE OF LORDS, FEB. 19.
O'MALLEY IRWIN V. SIR GEORGE GREY, BART.

The arguments in thite, appeal from the Court of
Exchequer chamber were resumed this morning by Mr.
O'Malley Irwin. The appellant, who sought for a mand-
amus from a jury, under the provisions of the Common
Law Procedure Act of 1851 (sections 69 to 74 inclusive)
and not from the discretion of the judges, commanding
Sir George Grey, the defendant, to return his petition
of right, dated 24th of April, 1861, having obtained
her Majesty's fiat to said petition "that right be
done," pursuant to the
petitions of Right Act, 1860.
The jury having returned a verdict for the defendant the
appellant made application to the court below to set aside
the verdict, on the ground that 10 only out of the 24
special jurors struck had been summoned, and that 8 were
actually admitted by defendant not to have been sum-
moned. Consequently the issue having been tried by a
jury not duly constituted before whom his application for
a mandamus came had not jurisdiction, and therefore the
verdict of such a jury was not valid. He brought error in
fact before the court, and submitted that the judgment of the
court below, founded on such a verdict, in fact founded on
a nullity,is erroneous and illegal. Ile contended that he had
no erroneous judgment to complain of until he brought the
fact before the Court, placed it on the record, and taken
their judgment on it, which made the error in fact error
in law. The judgment being erroneous and illegal, the
House of Lords ought, and were bound by the authorities
from the most ancient times, uuiformally to that of O'Con-
nel and executors v. the Queen in Error, to reverse it. He
referred especially to Chief-Justice Raymond, 5 Term Rep.
453, where it was held, that after a special jury struck, the
picking up talesman ;"
jury the method
andicause
stated,is must
supposing
ibpnerge
vat tried by
imgbai ys
ct
oht
ihhe the
fa
vfjertotarmy appointed, whore it
packed
will be this :—A rule for a special jury, a jury struck, 24
returned, and those be will continue on the Distringas, till
he bath time and opportunity to mould them to his pur-
pose." Exactly "the method" which appears to litrve been
adopted in the present case, to deprive the appellant of a
duly constituted jury by not summoning more than 10 of
those struck, omitting to summon eight, and having
there two tales jurors from Pimlico in attendance before 10
o'clock, the hour for which the special jurors were summoned.
The question was argued in the court below before two
judges. That this shows the mischief so much complained
of in Exchequer Chambers on 2d February, 1867, in
"Kemp v. Halliday," of the recent innovation of only two
judges sitting in bunco. He submitted that the error as-
signed did not contradict the record, which is silent as to
a special jury being struck, and that the matters assigned
as error were causes of error, and not more irregula-
rities. That the record and judgment roll proved
how fallacious were the defendants' cases—printed
for their lordships' use—as well as the law reports, which
were the cause of the Exchequer Chamber's affirmance
of the erroneous judgment of the court below. lie ad-
mitted that the judgment of the Lords must also affirm
the lodgment of the court below, if those printed cases
and the law reports of the case were accurate ; but the
judgment xoll and record, by which their Lordships were
bound, proved their fallacies, which he enumerated and
pointed out specifically.

Their Lordships, without calling on the respondent,
dismissed the appeal on the same grounds as the Court of
Exchequer Chamber affirmed the judgment of the Court of
Common Pleas.

POLICE INTELLIGE.tiCE.—Xhis Day.

BOW-STRIMT.

Harold 'Hirst, 2G, who was brought before Mr. Flowers
last week on a charge of embezzlement. was again brought
up, charged with having forged—toro cheques for £7O and
£5O on the Union Bank of London. A gentleman from
the Bankers' Protection Society_ prosecuted. Mr. D. L.
MacAfee (instructed by Mr. Haters, of Cifford's-inn, ap-
peared on lo.thalf of the accused. The pi isoner was clerk
to Mr. Jones, solicitor, of Now-inn, who proved that on
itswbankersu
ot hn:e of
oa
rrl yzipart a
yo
abtl
eh
toi s
ammoirit.hHiblle,
tftonudu goingd
ntt oho
ahtof £3O, payable to a Mr. Lloyd, had been pre-
sented by the prisoner and paid. The cashier was also
called, and after his evidence was given Mr. Flowers re-
manded the prisoner for a week.