The Sun.
London, England, 1858-12-07 00:00:00

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LA IF INTELLIGENCE-(THIS DAY.)

Share' ' Railways.

I Paid. Closing I Business
Price. Done.

COURT OF CHANCERY.
(Before the Lord Chancellor and Lords Justices.
PETITION BY ORDER.-VINEY V. CHAPLIN,

10 Antwerp & Rotterdam all 4i Ni i
- 20 Ardennes all P
20 BalL&S.Fran.,Lim.7p.c 3 }d 1p
5 Belgian East. Junction all 1 11
20 Beziers to Graissessaa all 7
5 Carmeaux Mine & Rail all 21 21
20 Dutch Rhenish
6' Eastern of France
20 Euphrates Valley 2s. P
20 Great Central of France all
20 Gt. Luxem.,, Con. shs all 71 n
10 Italian Junction .. 8
20 Lake Constance & Bale all
20 Lierre and Turnhout all
20 Lombardo Venetian 8 31 4 p
20 Luca & Pistoja, 5 p.c.pf all
20 Lyons and Geneva
33/ Maria Antonia all
20 Do. do. New
20 Namur and Liege all 9 21
20 Do. do. 6p. c. Pref all 211 22
16 Northern of France
20 Do. New Shares
10 Norwegian Trunk Prof all 81 91
20 Ottoman, gua. 6 per cent 7 3 1 d
20 Paris,Lyons, and Medit. all 331 35 351
20 Paris and Orleans
20 I Recife& S. Fran. (Peru.; I 9 1 1 d
gua. 7 p. ct. (Lim.)
20 Riga and Dunaburg 4 •
10 Rome and Frascati
20 Royal Danish all
5 Royal Swedish
4 Do. 7 per cent. Pref.
20 Sambre and Meuse all 71 8
10 Do. 51 per cent. Pref.
20 Southern of France
81 West Flanders all 51 51
10 Do. 5-' p. c. Preference
20 W. & N.W. of France: all 24 25
20 Western of Austria .. 6
20 Western of Switzerland all
6 Wiesbaden
6 Do 8 per cent. Pref all
20 Zealand all
BRITISH POSSESSIONS.
Closing.) Business
Shaul Railways. IPaid. Price.; Done.
100 f Atlantic &St Lawrence 1 all
t Leased at 6 per cent j
18
Bom'' Baroda& Cent. Ind i 9 id
gu. 5 per cent i p
18 Do all
18 Do. Addit. Capital A 6 Id par
18 Do. Do. B 41 Id par
W-1 Buffalo and Lake Huron all , 7 71
100 c tuffalo,Brant&Godrich
' 201 Do. New 162 14 13 d
/ p. et bds: 1 Aug., 1872 1 100 80 85
100 Do. do. 1 July, 1873 100 77 80
100 Do. do. 1 June, 1874 ICO 74 77
20 Clcutta.&S.Eastrn.Dni. 1. 3.0. p
20 Cape,Eastn. Prov.(Lim.) 2s.
20 Cape Town & Dock Scrip 2s. PM
20 Central Oude (Limited) 2s. 6d.
20 Ceylon Guaranteed 6p.c 2 I 1p 4
171 Demerara
20 Eastern Bengal.gu.sp.c 5 par IP
Stock East Indian, gu. sp. c lOO 1071 108 107; I
20 Do. C Shares all
--20 Do. E Shares Ext lO 1 lip 11
20 Do. Jubbulpore 5
100 . D 0.41 p.c. Bds. pay.'s9 all -
20 Geelong& Mel.gua.sp. c. all 17 18
Sto IGeelong Corporation 6 1 100
per cent. Bonds ) .
Stock Grand Trunk of Canada 100 37 39
100 Do. 6 p.c. Deben.,pay.'7B all . 77 79
100 Do. 6 per cent. Pref lOO 92 91
20 GLlndiaPcnin.gua.sp.c all 211 211 .
20 Do. New, gua.s per cent 4 1 p
20 Do. do 4 II)
20 f Gt.S.of Ind.Lim.—Scrip / 2s. par ip
( guaranteed 5 per cent. )
20,1 Gt.W. of Canada Shares all 171 17; 17} 1
201 Do. New
100 f Do. Bonds pay. '76,with 1 all 107 109
( ept. til 6
l '0
100 Do. do. '73 till '6O all 107 109
100 Do. do. '73 without opt all 105 107
100 Do. 51 p. c. do. '77 do .. all 99 100
20 Madras, guar., 41 p. C. all 1 181
20 Do. do. 5 per cent, all 20 2C2
20 Do. 4p. c. Extension.. 15 I 11 d
20 Do. Third Ex. gua.s.p.c. 5 par p
20 Do. Fourth do.
lock Melb. Corp. 6 p.c. Bonds 100
Newßrunswick&Canda.
20 { Ry.&Land(Lim.)g.6pe
10 2 11d
Class ACapitl.Share
• Do. do. Land do ..
20 Do. do. E. Capit:-.1 do
• Do. do. Land do lO
20 f Northof India Tramroad 2s.
( Limited, Scrip
20 Oude (Limited)
20 Scinde „-d 15 1 11p
sa
20 Do.
20 Do. New F.,' ,23 5 1
20 Do. Punjaub
20 Do. Indus. St. Flo ba,; 5 par p
20 St. Andrews & Quebec A 18
10 Trinidad(Limitcd)Sc,rip 1 par Ip

The contention in this case was whether the court had a
right to correct a mistake in the enrolment of an order, by
the clerk, as to costs.

Their lordships corrected the order by inserting in the
order that the plaintiff was entitled to costs.

ROLLS COURT.
(Before the Master of the Rolls, Sir John Rontilly.)
HUMPHRY V. OLVIN-JUDGMENT.
His Honour, the Master of the Rolls, in delivering
judgment, said—The question in this case is whether the
appointment made by Mrs. Web. a lady now deceased, is a
valid appointment—a bona fide appointment—or made in
defraud of the powers which she had a right to exercise
under her husband's will.

In 1822 they had £914 148. and £ll6 Three per Cent. Con-
sols, and dividends on stock in the bank. Mr. Webb assigned
all these to her for her life for her use, with power of ap-
pointment, and to any children he might leave at his death.
In 1847 her husband died. In June, 1852, the defendant
married Sophia, one of the daughters. Mrs. Webb, on the
17th August, 1853, by deed of appointment, gave
£3OO out of the Three per Cent. Consols for the separate
use of this lady, Mrs. Sophia Olvin This was
said to be for the benefit of Mrs. Webb, the appointor,
who wanted to borrow money upon it and not for the benefit
of Mrs. Olvin, the appointee. After considering the oral and
documentary evidence produced, his Honour was of opinion
that the appointment was a bona fide valid appointment
in favour of the late Mrs. Sophia Oh-in.
His Honour made the usual declaration sustaining the
deed of appointment, ordered an account to be taken, and
dismissed the bill, which asked to set
-aside the deed, with
costs.

COURT OF DIVORCE.
(Before Mr. Baron Martin and a Special Jury.)
EVANS V. EVANS AND ROBINSON.

The case for the petitioner closed shortly before two
o'clock, when Mr. Edward James opened the defence. The
first witness called was a lady named Ormsby,formerly living
at Cheltenham. She stated that in 184.5 she was positive she
never gave a ball at her house in Lansdowne-terrace. Her
mother dying about the time stated was the reason that
made her remember. This is the ball at which it has been
sworn Mr. Robinson left in a fly in company with Miss
Carrington.
The case will not conclude before to-morrow.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulbourn.)
IN RE DAVIDSON AND GORDON.

To-day was appointed for the adjourned sitting for con-
sideration of the certificate of these bankrupts, and several
witnesses were called to speak to various transactions with

the bankrupts.

The first witness was Mr. Edwards, of Mincing-lane,
colonial broker, who deposed to dealings with the bank-
rupts on the 17th July, 1851, with respect to some spelter
warrants, when Gordon applied for an advance on some
spelter warrants, and he agreed to advance £4,2so—the
spelter being of 'the value of about £s,2oo—the next day,
and it was proposed that the advance should be made to
Cole Brothers, which was agreed to, and witness accepted
Cole's drafts. Witness afterwards sent his clerk to Hargan's
wharf, when it was ascertained that there was a stoppage
on the spelter. Witness saw Gordon about two hours after
at Cole's, and told him that there was some irregularity in
the transaction, and unless it was settled he (witness) would
take Gordon and Davidson to the Mansion-house. Gordon
said that witness had known him several years, and he
(witness) might depend that the matter should be set
straight the next day, and witness took his word. Witness
seldom saw Davidson. Witness's evidence chiefly went to
show that there had been irregularities in the transaction,
but that the amount advanced had been repaid, and that
the transaction did not destroy the confidence between
himself and Gordon, and that extensive transactions had
taken place—he could not say to what amount, but varying
in the year—£2B,ooo one year, £40,000 :perhaps another.
He could not say but that the stoppage was for freight. He
at the time considered that Gordon was only taking part in
the transaction for the sake of dividing the commission, and
witness gave him a cheque for the amount, £2l.
Several other witnesses were examined, and the case is
not likely to be terminated to-day.
(Before Mr. Commissioner Fonblanque.)

IN RE HOWES.
The bankrupt was described as of the White Horse Inn,
Uxbridge, and to-day came up for his certificate.
The balance-sheet by Mr. March, Basinghall-street,
shows—Debtor to creditor, unsecured, £3,153 lls. ; to ditto
holding security, £2,287 ; profits, £682; surplus capital,
July, 1856, £221. The assets were—good debts, £63 4s. ;
doubtful, £34 108.; property, 1266; ditto in the hands of
creditors, £3,000 ; losses, £1,352, chiefly on the sale of pro-
perty mortgaged, houses, 'busses, flys, &c.
Mr. Pook, for the assignees, did not opposo„ and his
Honour granted a certificate of the sedondatis.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
OMNIBUS NURSING-WET AND DRY NURSES-GRAY Y.

MACNAMARA.

This was a summons for damages sustained by plaintiff's
phaeton from one of defendant's omnibuses. The evidence
was, as usual, conflictory, and plaintiff's groom swore that
defendant's driver was nursing a Saloon 'bus, and, in his
anxiety to pass, he struck the wheel off plaintiff's phaeton.
To controvert this, defendant called a witness to prove
that he was going at a very moderate pace, and that he was
not nursing any 'bus. He had nothing to do with that
work.

Plaintiff's Groom—Yes, you were. There was one of the
Company's 'busses in front, then a Saloon, and then yours.
His Honour--Yes; like a sandwich. Pray, which is the
wet nurse ? I suppose the front one, (Roars of laughter.)
Defendant's driver could assure his honour that he was
not nursing, and that the accident had occurred through
the plaintiff's groom's own fault. It was very common for
people to say, "Oh, nursing, of course."
His Honour said he must give plaintiff a verdict for 13s.
6d. He did not think defendant's driver was nursing at
the time.

_ CLERKENWELL COUNTY COURT.
(Before Sergeant Jones.)
THE COURSE OF TRITE LOVE. NEVER DID AUX SMOOTH.—
ANTLLL V. RUNT.
Mr. Jay appeared for the defendants.
Plaintiff is a tailor, and had until lately paid his addresses
to defendant's daughter. The action was brought to re-
cover the value of some presents made from plaintiff to the
young lady, and which defendant refused to return. Plain-
tiff thought, as the match and courting were broken off, his
"lady love" had no right to the tokens of his "sincere
affection."

Mr. Jay said that plaintiff had no right to sue defendant,
who was the mother of defendant's once sweetheart. Why
not sue the young lady herself ?
His Honour thought it was a pity such cases should be
brought into court. If the match was broken off, surely
defendant should have no wish to withhold articles that
could only call to mind a great deal of unpleasantness.
Mr. Jay—We will give tho articles if plaintiff will call
for them.
His Honour—Then I will adjourn the case till Thurs-
day morning to give time for effecting such purpose.
Mr. Jay—Your Honour will give no costs. Plaintiff has
had good living at our expense, at least a meal a day.
• Plaintiff—l paid for them.
His Honour—l will make no order for costs till Thurs-
day

SPORTING INTELLIGENCB.

TATTERSALL'S.-MONDAy.

The Newmarket Coursing Meeting, which commences
this day (Tuesday), attracted many of the principal turf
speculators from London. The wretched state of the wea-
ther, coupled with this circumstance, caused the room to be
very thinly attended. The investments were unimportant,
and they were made at the quoted odds :

DERBY.
33 i 0 1 agst Merryman (taken)
2000 to 30 agst Napoleon (taken)
1000 to 15 agst Far West (taken)
1000 to 15 agst Van Diemai (taken)
1000 to 10 agst Orleans (taken)
CHESTER CUP.
1000 to 10 agst Barbarity (takon)

THIS. DAY'S MARKETS.

HAY MARKETS.

SMITHFIELD.—Meadow hay, £3 Os to £4 7a M ; clover,
do., £3lss to £5 Os; and straw, £1 ss. to £1 10s. per load.
Supplies good, and trade rather dull.
CUMBERLAND. Meadow hay, £3 Os to £4 8s; clover
do., £3 15s to £5 Os. ; and straw, £1 58 to £1 10s per
lead. A slow inquiry, at our quotations.
WHITECHAPEL.—Meadow hay, £3 Os to £4 7s 6d; clover,
do., £3 15s to £5 Os. ; and straw, £1 6s to £1 12s per load.
A fair average supply, and a heavy demand.

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 7, 1858,

Mary Ann Barrow, Mrs. Gruneberg's servant,
proved that during the absence of her master and
mistress Higgins came to the house, and having
asked to be allowed to write a note to Mr. Grune-
berg, went into the parlour, but immediately after-
wards called in eight men, 'and took away every
article of furniture in the house. He showed her
a paper before he took them ; said he should do the
same if her master and mistress were at home, and
that he would have broken windows and doors open
in the house if she had not quietly admitted him.
Mr. Goddard, builder, residing at Norwood, was
called to prove that he received the £lOO bill from
Mr. Gruneberg, and endorsed it to Mr. Dennis, and
said that on Oct. 26 he was present when Davis,
who represented himself to him as a surveyor, took
the lead in the conversation. After the three bills
had been given as described, Davis said he was
going home for a cheque, and would meet them at
the lawyers to pay the expenses.
By Mr. Lewis—l have not received one shilling
on account of the bills.

Prisoners were then remanded till Tuesday week,
and upon Mr. Solomons soliciting that they might
be bailed, Mr. Paynter said that he would not take
bail to any amount for Davis: but would accept two
sureties in £2OO each, with 24 hours' notice, for
Higgins, if he could procure it.
Theywere both sent to gaol.

THE SWINDLING CASE AT CHELSEA.

Thomas Higgins, middle-aged, and of unpre-
possing appearance, attired in a semi-naval uni-
form, and George Davis, of low statute, with a
profusion of whiskers, the former residing at No.
19, Gloucaster-grove, Brompton, and the latter at
No. 2. Brompton-terrace' Brompton, were brought
up on re-examination, at Westminster Police-court,
yesterday, charged with conspiring to defraud Mr.
Chas. Gruneberg, proprietor of Ash burnham nursery
grounds, Chelsea, of the value of various bills of
exchange and other documents.
Mr. Lewis, jun., as before, conducted the prose-
cution, and Mr. Solomons, vice Mr. Ady, who had
retired from the defence, appeared for the prisoners.
Mr. Gruneberg's statement has been already de-
tailed at length.
Previous to proceeding with the case Mr. Paynter
questioned the prosecutor regarding the impression
under which he entered on these negotiations with
the prisoners, after which the solicitor for the de-
fence submitted him to a lengthened cross-exami-
nation.
Mr. Paynter remarked, as none of the bills were
at that time due, it could not be urged that they
furnished sufficient notice for the bill Of sale.
Mr. Solomons would not say his clients had acted
in perfect consistency, with the law, but Highins
had not made away with the furniture: He did
not think the prisoners had conspired to defraud
prosecutor. The £5O bill was taken to the Bedford
Loan Society, and was there at that moment. His
clients would restore the whole of the furniture.
Mr. Gruneberg—Nothing on earth shall induce
me to come to terms with such people.
Mr. Lewis—No ; we. will come to no arrange-
ment. The learned gentleman added : The mo,-
ment prosecutor signed the bill of sale for
£3OO, they made off, and he never got a farthing,
in addition to being cheated out of a £3O, £5O,
and £9 bill. It was all very well to say that the
bill of sale was given to secure the three bills of
exchange. The prisoner got him to sign the £3OO
bill of sale without reading it over, and he hover
got a sixpence. No doubt they would be glad to
give up the furniture now that they were in cus-
tody. Higgins was a pauper; he had not twopence
in the world. They had also cheated the execution
creditor.
Prosecutor (by Mr. Solomons)—Two of the bills
were given to Dennis, the other to Goddard. They
might have put anythingbefore me ; I should have
signed it ; I trusted so much to their honesty.
By Mr. Lewis—The furniture is in Higginrs
house. The whole of his own furniture is not worth
£lO. One of these bills is just due. The other is
not yet due. Higgins has not paid a farthing to-
wards the bills. lam liable-for them all.
Mr. T. Dennis. timber merchant and builder, at
Chelsea, said—ln the month of August last I was
the holder of a bill of acceptance by. Mr. Gruneberg
—it was endorsed to me in the name of Goddard,
who had worked for Mr. Gruneberg. It was not
paid at maturity, and proceedings were taken
which ultimate,y ended in an execution being put
into Mr. Gruneberg's house. After the execution
had been in a fortnight the two prisoners came to
my house on the 25th of Oct., and said they wanted
to settle the matter, Higgins said he was going to
get some money from Gruneberg. A meeting was
then agreed upon at Gruneberg's house, when Hig-
gins proposed I should take a bill for part of the
amount and cash down for the remainder. I said I
would agree, if they paid all the cash and went
with me to my solicitors to settle it. Imet them on
the next day, and it was agreed that I was to take
bills to the amount of £66 175., but that the costs
were to be paid with cash down. Davis then
drew up three bills for Higgins (the drawer), and
Mr. Gruneberg having accepted them, Higgins
endorsed them. Higgins said he had got some
money for Gruneberg, but could not let him have it
till the execution was out of his house. After the

bills were drawn I said I would not settle it unless

hey went to the lawyers and paid down the costs,
as they had promised. They put the bills on the
table and said I might as well take them to the
lawyer's, where they would meet nse and pay the
costs as required. I took the bills and went to the
lawyer's, but they never came there and paid the
costs, having got me to take the bills in the way I
have described. They then took proceedings before
a judge in consequence of my having the bills, and
got the execution taken out of the house.
Mr. Solomons observed that the judgment was to
stand as security for payment, and Higgins was
liable to be arrested.
Mr. Lewis said it was a farce to talk about suing
Higgins, who was not worth twopence. Mr.
Gruneberg was the man who would have to pay.
Witness resumed—ln about a week afterwards I
sent a man to-fetch my Lcaffolding from Mr. Grune-
berg's, when Davis came to my house and gave me
into custody for stealing it, and ho said he was a
solicitor acting for Mr. Gruneberg. I was taken to
the police station upon the charge.
By Mr. Solomons—One of the bills is due ; it has
not been paid by either the acceptor or endorser.
Davis gave me into custody. I had lent the scaf-
folding to-Goddard to enable him to do the work.
It was by the prosecutor and Davis that I was
given into custody. I think it was Davis, though,
who made the charge against me--they were both
present, Davis being Mr. Gruneberg's legal adviser.
Mr. Paynter observed that Mr. Gruneberg, in
this transaction, was no doubt acting, as he sup-
posed, under the advice of his solicitor.
Mr. Lewis now proceeded to exhibit a charge
against the prisoner Davis for defrauding Mr.
Gruneberg of £8 upon a cheque. The testimony
in support of this charge proved that on the Sun-
day next after the 29th of October Davis called at
Mr. Gruneberg's, and stating that he had urgent
need of £8 on the following morning before bank-
ing hours, induced Mr. Gruneberg to take his
(Davis's) cheque for £8 to Mr. Cordy, of 346,
King's-road, Chelsea, grocer, and obtain cash for it.
When the cheque was presented .two or three days
afterwards, it was found Davis had no effects.
A long explanation of a most unsatisfactory de-
scription was here entered into, showing how the
execution on the bill for £lOO, upon which the exe-
cution had been put in, was reduced to the amount
for which the three bills were given.
Mr. Lewis, in allusion to the proceedings before
the judge upon these bills, repeated that it was
part of this disgraceful fraud, and that Higgins and
Davis, instead of paying the execution creditor the
costs, had gone before the judge and sworn that the
bills included the costs.