The Sun.
London, England, 1858-07-21 00:00:00

JULY 21, 1858;

Esq., and W. M. Thackeray, Esq., be elected trus-
tees of the said college.

The resolution was seconded by J. P. HARLEY,
E,q., and carried amidst cheers.
BENJAMIN WEBSTER, Esq., proposed—That a
subscription be entered into for the purposes of
carrying out the gift of the donor,and the intentions
of the provisional committee, and forwarding the
benevolent object for which we are assembled.
RICHARD BELL, Esq., seconded the resolution,
which was carried unanimously.
A noble list of subscriptions was then read by
Mr. CULLENFORD,
Sir W. DE BATHE proposed that the thanks of
the meeting be given to Charles Kean, Esq., for
his impartial and efficient services as chairman, and
for his kindness in offering the use of his theatre
for the purpo e.
The resolution was secs idecl by JOHN BRADY,
Esq., M.P., and carried in the most enthusiastic
manner.

Mr. CHAS. KEAN having returned thanks,
The meeting broke up.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH STREET.

THREATENING TO STAB.—Ricl..ard Alexander Lewis,
a respectable looking young man,- was charged by &r-
-geant Gummer, 9 C, with threatening to stab, with a
carving knife, Thomas Morgan, a waiter at the Glouces-
ter Hotel, Piccadilly.
Thomas Morgan, waiter at the Gloucester Hotel,
Piccadilly, said the prisoner, who was a cook at the
hotel, came home in a cab, and wanted him to pay the
fara, which he refused, and told him to g,) down stairs.
The prisoner then told him if he lid not he would kick
him. On reaching the pantry the prisoner went to a
cir,wer, pulled out a carving knife, and be felt certain
that if a fellow servant had not wrested it away he
would have inflicted serious injury on him. He fetched
two officers and gave him into custody.
Sergeant Gummer said, when he went down to the
kitchen to take prisoner into cu-Aody he made a rush to
the table again for the carving knife, but the servant
girl fortunately seized it before he could obtain it. The
prisoner was not sober.
The prosecutor said he went in fear of the prisoner.

Mr. [3:;adon said he should order him to enter into his
own recognisance, in the sum of 101. to keep the peace
for three months.

MILITARY AAD NAVAL INTELLIGENCE.

There will ba a grand "field day" at Aldershot,
tkie day, at which his Royal Highness the Duke of
Cambridge, the General Commanding-in-Chief,
and a brilliant military st rff will be present. Their
Royal Highnesses the Duchess of Cambridge, the
Hereditary Grand Duke and Grand Duchess of
Mecklenburgh-Streliez, and the Princees Mary,
attended by Baron Knesebeck, leave town to-day
at an early hour in order to witness the review of
the troops.
The Right Hon. Sir John Pakington, the First
Lord of the Admiralty, held a levee yesterday
afternoon at the Admiralty, at which the under-
mentioned officers were present :—Captains Henry
Howey, Sir Wm. Hoste, John Hay, G. F. Napier,
Fiederick. Pat' en, Richard Douglas, aid T. V.
Anson ; Commanders W. H. Weub, C. R. Carter,
Wm. Walker (a), 0. Wm. Dalyell, A. T. Mann,
Wm. Greet, E. Hardinge, H. Blair, W. Corneck,
and Augustus C. Strode ; Lieutenants W. D. But-
ler, A. C. Murray, Trios. Eyton, and J. Cowley ;
Dr. Armstrong, Deputy-Inspector of Hospitals and
Fleets ; and Mr. James Bullay Tucker, master.
Tee East India C _mpany's troopship Southamp-
, trn, Cap'. Toarkins' arrived in the Thames on
Monday afternoon, from India, having on hoard
nearly 200 sick and wounded troops, who received
their wounds in the assault and. capture of Delhi.
The invalids embarked at Kurrachee on the sth
April, and sailed the followieg day. They
prised 2 non-commissioned officers and 39 men of
the 52d Light Infantry ; 13 sergeants, 7 corporals,
and 62 moo of the 600 Royal Rifles, Ist Batta-
lion ; and 4 sergeants, 5 corporals, and 64 men of
the 75th Reghnent, with 40 women and children—
the whole on ler the command of Cept. Osborne
and Li:ut. Lowe, 81st Rgiment, and in medical
charge of Aesistant Surgeon D. S. Smith, 6-h Cara-
hirrea rs. The Southampton touched at St. Helena
on the 4 h June, where Capt. E. C. Barnes, of the
Se Helena Pe gimeet, and family, took passage to
England. During the voyage eight deaths cceurred
on board—viz., three men of the 52d Light infan-
try, two of the 60th Ritllso one seaman, and two
children. The whole of the troops took part in the
capture of Delhi, where most of them were severely
wounded, a large number having lost either an
arm or aI, g, besites receiving other injurie'. On
their disembarking at Gravesend, on Monday af ter-
ncern, they were conveyed to Fort Pitt Hospital,
Chatham, where they were inspected by the medi-
cal staff of the establishment, when it was found
necessary for 107 men to be into h,spital for
further surgical tre.,tment' and the remainder
were sent to the invalid depot, St. Mary's Bar-
- racks, Brompton, to await their discharge.
Among those who are most severely wounded
is Private Daniels, 75th Regiment, who was one
of the party who captured the first battery at
dmeng which ho had his left foot cut in
two by a cannot slut, which neaessita'ed its
being amputated. Sergeant Walm•hy, of the 60th
Rifles, woo greatly distinguished himself, received
a shot through the hip-bone, and Private Ryan,
75!1i Regiment, also lost his leg by a cannon slot.
A number of the invalids belonging to the 52d
Light Infantry are suffering float ophthalmia, and
several have lost their sig•lit. On the South ,mpton
leaving Kurrachee the Owen Glendower, Seringa-
patam, and Waterloo were embarking sick and
wounded troops for England, and those vessels may
shortly be expected at Gravesend.
The Royal Albert, 121, screw three-decker,
Captain the Hoe. Francis Egerton, flag of Vice•
Admiral of the White Lord Lyons, G.O. 8., &c.,
ha; sent l er f re and main yards ashore, they beim-,
defective. She will be immediately supplied with
a now fereyard, and the mainyard will be repaired.
She has had a steam gunb rat appointed as a tender
to her, for the enivenienco of the oftic,q-s and the
desp.atch (.1 business—the Partridge, which hes
been manned from the Hannibal for the special
duty.
Tee Victor Emmanuel, 91, screw two-decker, is
ordered to I.e coaneisaiorted at Portsmouth by
Captain John Moore, C. 8., of the Hogue coast-
gard-ship, for Channel service.
The Caesar, 91, screw two-decker, Capt. Frede-
' tick, swung at Spithcad yesterday for adjust-
ment of her compasses. She is gradually manning
well.
The Caater, 36, Captain Lys' er, left Spi head on
Monday night for Sheerness to be paid off.
A paragraph, dated Curragh, Saturday, an-
eouncas that the gllndere, or a bad disease has
broken out at Newbridge among the horses IA the
3d Light DragoOns, chiefly the young ones. The
Artillery took the alarm, and marched out on Mon-
day, with 200 horaes, waggoner, and guns, and they
ate piekettel just under the Bare Preserve. The
area have extra duty to bring their forage.
The 2d Battalion of the 16.11 It9gimenf, since
their arrival at Newry, have enlisted a large num-
ber of rem nits ; every day is aehlieg to their ranks,
and the corps now nitride-I.s about 500 men.
The followieg appointments were made yesterday
at the Admiralty :
Captain James Willcox, C. B , to the legato, vice
Captain Moore ; Captain W. Crispin (whose ap-
pointment t r the Hogue is cancelled), to the Hawke,
vice Willcox ; Dr. Alex. Armstrong to be Deputy-
Inspector of Hospitals and Fleets ; Kenneth L. '
Sutherland, Paymaster, to the Vic`or Emmanuel ;
Chas. E. Phillips, Assistant-Paymaster, to the I
Hannibal ; B. C. Hitchcock, Master's-Assistant,
to the Archer ; Melvin Maxwell and Hubert B.
Williams, C!erk., to the Victor Emmanuel.

MARKET NEWB,—(This Day )

CORN EXCHANGE.

Although only a limited supply of English wheat was
on offer in to-dty'e market, the demand for all kinds ruled
heavy, at Monday'e decline in the quotation..
We were heavily supplied with foreign wheat, which
met a dull inquiry, at barely stationary prices.
Barley was in_ fair request, at previous rates. Malt,
however, met a dull inquiry.
We had a steady, though not to say active, demand fur
oats, at full quotations.

Beane and peas Were vary firm, but not dearer.
In flour very little was doing, on former terms.

ARRIVALS MS WEER.
Wheat. Barley. Malt.
870 50 I 1,760

English,...
Irish.

Oats. Flour.
123 633
300

Foreign.....

5,480 1 4,920

11,330 ekg.
15410 brl

WHITECHAPEL.

The trade grnerally ruled heavy, as follows :
Beef, from 23 10d to 4s Od ; mutton, 33 0.1 to 4s 4d;
lamb, 4s 4d to 5s Gd ; veal, 33 4d to 43 4d; pork, 33 Od to
Od per Sibs by the carcase.

• BOROUGH HOP.
For all kinds of hops the demand continues heavy, and
list week's prices are barely supported-. Duty, 223,1:00/.

THE HOSPITAL OP THE COLDSTREAM GUARDS, Var.
CENT SQUARE, WESTMINSTER.—This eßtablishrnent fcr
invalids of the Coldetreant Guards is about to be consi-
derably enlarged, a house atUoining it having been taken
down. The opportuci y fir the altt_ration is very fa-
vourable, as th is only one battalion cf thr regiment
in town, the other two being at Windsor and Dublin,
Oa Friday Mr. Dill wyn purposes canine the attertion
of the Secretary of State for the Home Department to
the prevalence of aggravated asaults up women and
children, and to urge upon his consideration the necessity
of making come alteration in the law relating to such
offencae.

LAW INTELLIGENCE—(This Day.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)

APPEAL-JOHNSON V. HESSENMEYER-jUDGMENT.

The Lord Chancellor delivered judgment in this
important appeal this morning. The contention
was whether the respondent, Mr. Hessenmeyer, an
attorney, was entitled to take a mortgage security
or right of redemption from his client, on the eve
of bankruptcy, in payment or security of his bill
of costs, in preference to the bankrupt's other cre-
ditors. The security taken was over two houses,
Nos. 1 and 2, Franklin-villas, Chelsea.
The Lord Chancellor, after delivering a long and
elaborate judgment, came to the conclusion that
the bankrupt, in granting, and the solicitor, in tak-
ing the security in crestion, did not obtain
it in fraud of the other creditors of the bankrupt ;
that it was a bona fide transaction which the bank-
rupt and his solicitor were entitled to enter into ;
and that the assignee in bankruptcy was not en-
titled to set it aside on the ground of fraud.
The Lord Chancellor affirmed the decision of the
Master of the Rolls, with costs, and dismissed the
appeal.

COURT OF APPEAL.
GOLDING V. CASTLE.
Lord Justice Knight Bruce and Lord Justice
Turner, in delivering judgment in this case, made
a slight alteration in the decree of the Mater of
the Rolls, and dismi3sed the appeal with costs as
between party and patty.

COURT OF DIVORCE.
(More Sir C. Cresswdl, Judge Ordinary.)
STOATE V. STOATE-ALIMONY.

Dr. Swabey said this was a petition for alimony
pendente lite, in a suit for a judicial separation
against her husband for desertion. It appeared
from the books of the society that the respondent
was a member of Gray's-inn, and was called to the
bar in 1847, but he had never practised. He re-
sided at Minehead, in Somersetshire, where his
father previous to his death resided. The father's
will was proved in January, 1837, and the per-
sonalty was sworn under 10,000/ , the responthnt
taking anequal moiety of the estate with his brother.
The petitioner alleged that the respondent was pos-
sesed of household property in Bath, at Porlock,
and several other places, and that his income
amounted to 1,2001. a year. The respondent, in
his answer to the petition, stated his income to be
only 3201. a year, without stating what he pos-
sessed under his father's will. Since 1853 the re-
Tondent had refus,d to receive his wife, and had
allowed her nothing towards her maintenance.
Mr. Stoate appeared in person, and in address-
ing the Court, said—l know nothing about the
property mentioned in the petition. I get very
little from my property, after paying repairs ; and
as I have never practised at the bar, I hare no in
come from that source. He proceeded to reflect in
strong terms on the conduct of his wife, when
The learned Judge informed him it was not the
proper time to enter on that part of the case.
Mr. Stoate, howev2r, proceeded to address the
Court in a rambling strain.
The learned Judge reminded him he was not in
order, which probably arose from his not having
practised at the bar.
Mr. S!oate said that eight words out of every ten
in his wife's petition were false, and again referred
to the allegations in the petition.
The learned Judge again informed him he was
out of order, and made an order for alimony at the
rate of (M. a year on the amount of income he had
shown himself to be possessed of—the amount to
b 3 paid monthly.
Mr. Stott;—l he pe your lordship won'i make it
payable till aster the trial of the petition.
The 1-arned Judge said the object of the appli-
cation was for its payment dui ing the proceedings.
Dr. Swabey said that as the respondent denied
the allegation in the wife's petition, he had to apply
to the Court to say how it should be tried.
The learned Judge asked if either pa ty wished to
have a jury ?

Mr. S7toaie—l do, and to ask your lordship to
send a eNnmissiouer to Blistoi to examine the wit-
ne,:ses there.

The 13azn d Judge said he could not do it.
Alimony at the rate of 601. a-year, payable
moLthly, was then decreed.

_HEALTH OF LONDON DIMING THE

WEEK.

(From the Report of the Registrar General.)

The deaths in London in the week ending July
17 were 1,173. The tendency of the mortality to
increase, caused by the heat, appears to have been
temporarily checked by the fall of the temperature,
together with the timely rains. The mean tempe-
rature of the air was, in the four weeks ending
June 26, 66 deg.' ; in the two subsequent weeks it
fell to 57 deg. ; and last week it rose again to 66
deg.
In the 10 years 1843-57 the average number of
deaths in the weeks corresponding with last week
was 976 ; but as the deaths cow returned occurred
in a population which has annually increased, they
can only be compared with the average after it has
been r-ised in proportion to the increase, a correc-
tion which will make it 1,073. From the compari-
son it appears that 100 deaths wt-re placed on the
registers last week above the number which would
have been registered if the mortality had not ex-
ceeded the average for the second week of July.
Acc3iding to the "healthy rate" of mortality, as
obtained from those districts in ll;gland where
men live under the least unfavourable condition,
the deaths in London would be 799 ; and the ex-
case over this standard, which is shown by the
number actually returned, is 374.
The deaths fr ,m the zymet'e class of diseases,
which were in the previous we:,k 445, declined last
week to 403. Among these the dsettse. most fatal
at the present time is diarrhoea, the deaths from
which in the two weeks were 129 and 126 ; those
from cholera decreased from 13 to 4 ; and three of
these four occurred to children, and were caused
by summer cholera ; the fourth case was that of a
young woman who died at Woolwich after three
days' illues3. All of the 126 cases of diarrhoea
occurred among infants, with the exception of
nine. This complaint was prevalent, apparently,
in two of the North Districts, Marylebene and
St. Pancras, especially the former. Measles and
scarlatina were most fatal in the east districts
and in those of the south side of the river. The
deaths from scarlatina were 73, or double theave-
rage number. Three deaths from diphtheria are
returned by the Registrar of St. George's, Holborn,
who mentions with regard to one case iu Lamb's
Conduit-street, that it is the second death in the
family from diphtheria within a fortnight ; and
with regard to another in Old North-street, that
three members of the family where it occurred are
now suffering from the same complaint.
Four widows died last week at the following ad-
vanced ages :-90, 94, 95, and 96.
Last week the births of 788 boys and 796 girls,
in all 1,581 children, were registered in London.
In the ten corresponding weeks of the years 1848-
57 the average number was 1,408.

CHEMICAL COMPOSITION OF METROPOLITAN WATERS

SPORTING NOTES.

A GLANCE AT GOOD WOOD.
The glories of Goodwood will not be diminished.
Fine weather will only be required for the approach-
ing meeting to take rank with the most successful
of its predecessors. There will be the same array of
"beauty and chivalry" in the grand stand, and
the same exciting sport that have been associated
with Goodwood, since the gathering suddenly
sprungfrom a mere yeomanry meeting, got up by the
Dukes of Richmond exclusively for the amusement
cif their tenants. The late Lord George Bentinck, -
indeed, advanced the meeting to a prosperity
with that energy and detetmination which marked
his character, and although, since the breaking up
of the Duke of Richmond's lacing establishment,
the meeting has not been conducted with that
spirit and tact which founded its popularity, yet it
has not been allowed to " dwindle to nothing"
from mismanagement or an indifference to its
fortunes.

The programme has been already conned and
studied by all tuifites, who are as well acquainted
with its contents as a schoolboy is with the ques-
tions in a " Guide to Knowledge." The racing is
likely to produce a material effect on St. Leger
speculations, and it may direct the betting on the
Derby of '59 into quite new channels. Referring
to the pages of "Ruff," the Gratwicke Stakes,
with its 17 nominations, first presents itself.
This event will perhaps be devoid of importance, •
for Toxophilite, withlhis 61bs. allowanc,, must hit
Vie target of success, especially as his most for-
midable competitors on paper seem to be Meat-
more and the Gala colt.

The Ham Stakes will, perhaps, bring out three
or four animals of whom great expectations are
entertained. The mostsuccessful public performer
amongst the nominations is Mayonaise' who has a
6 lbs. allowance. She will encounter Antonio
(brother to Anton), and the Heroine of Lucknow, a
filly of whom the Newmarket folk are very proud.
Merryman, despite his extra weight, will perhaps
add the Lavant Stakes to his list of wins, unless
indeed Mut in eer, of whom I have received a favour-
able report, be able to make him strike his colours.
It is rumoured, however that John Scott's, horses
are for the most part on the sick list, and should
this be true very little mischief will be apprehended
from Whitewall at Goodwood.

Wednesday's list has the Stakes for its principal
attraction, and the Roman Candle will, it is ex-
pected, shine with additional brilliancy for it. That
he is weighted leniently enough it must be con-
fessed, but " The Candle" may be snuffed out.
Rosati is literally turned loose, but she possesses no
form, and according to public running it must be
confessed that Fright and Gemma di Vergp are
entitled to serious consideration. With the excep-
tion of the Goodwood Derby, for which Ethiopean
may be brought out to oppose Eclipse, Wednes-
day's list does not at present require further
notice.

The Cup will be the "great go" of the week, and
both France alid America may rend horses into the
arena. The French champion will he Ventre St.
is—Gicetiously called in the ring "Venture Your
Grease"—and our " Allies" may again bear our
must priz ;el turf trophy from this country.
Blink Bonny will, it is said, make her "first
appearance in public since her severe indisposition"
for the Sixth Memorial Stakes. I could almost wish
t hat she may not win, for if she fail, according to
the conditions of the race the per tentage—about
7001.—which has been deducted from the stakes,
will be added to a handicap next year. The Eighth
Memorial will occasion an interesting two-yr-old
race ' • and Merryman may be called upon to mea-
sure his strength against the slashing North Lin-
coln for the Findou Stakes. Then there are the
stewards' and the Chesterfield Cups, and the .Nur-
sAy, for all of which large entries have been ob-
tiiined, and altogether the prospect ef a glorious
week is br:ght enough.
The Nottingham meeting has been a compare-
f,ilure. Messrs. Barber and Saxon, with their
"resuscitated" Pretty Boy, won the handicap, and
indeed had the lion's share of good things.
Tho ga. haring which will take place to-morrow
and Friday at Stamford will ke more distinguished
•r i a quietness than for its sport. Wres ler may
win the St. Leger ; Pandora will have only Rara
Avis to fear for the aillyweston Stakes, and Sir
Ilercules.will carry off the 50 Sovs. Sweepstakes.
Haymaker will win the Burghley Stakes. The
Ketten Sakes ought to be won by Leontes, and
;11,3 Gold Cup I shall of course assign to Fisherman.
The Marlbor„ugli list looks well, and its promise is
dkely to be fully realised. The Severnake Forest

handicap seems likely to f,ll to either Scourge or
Sampson. The 10 Sovs. Sweepstakes will excite
much interest. The race will, in my opinion, lie
between Cautine and Zitella, and for the Members'
Plate I shall select the Gala colt.
A FRESH MAN.

NOTTINGHAM JULY MEETING.—TUESDAY.
The Robin Hood Stakes t f 10 says each, with 50 added;
f r two-yr-olds ; colts, Bit 71h ; fillies, Bst 31b ; winners
extra ; the second to save his stake. T.Y.C. 18 subs.
Mr. Copeland's The Woman in Black, by - Surplice,
Bst 313 (Snowden) 1
Mr. La Mert'. Zitella, 84 101 b (inc. lib rx.)...(Bates) 2
Mr. S. Blackmail, 8-4 71b (Fordham) 3
The following also ran :—Venison filly, Lily, and
Sprattoo.

Betting—Even nn Z tel!a, 5 to 1 each agst Black-
mail and Spratton, 6 to 1 akt The Woman in Black.
Won by a head ; a length and a half between the
second and third ; a length between the third and fourth;
same distance between the fourth and fifth ; Spratton,
who was run against at the last turn, was beaten off.
The Short Stakes of 5 sovs each, with 30 added, for
t bree-jr-Dlds and upwards. Optional selling weights,
&c. Straight half mile.
Mr. J. Thompson's Sans Culotte, 4 yrs (1001.) Bst 51b
(Aldcroft) 1
Mr. J. o.bcrne's Princess of Orange, 4 yrs (501) 7st
b (Cbailoner) 2
Mr. J. Dawson's Badswerth, 4 yrs (501.) 7st 10ib
(French) 3
Bating-5 to 4 agt.t Sans Culotte, 6to 4 agst Bads-
v.crtb, 4 to 1 agst Princess of Orange.
Won by a head; a length between the second and third.
There was no advance upon the selling price.
The Nottinghamshire Handicap of 20 sore each, 10 ft,
and 5 only if declared, with 200 added ; the second to
receive 50 sove out of the stake?, and the third to save
his Wake ; winners extra. Two miles and a quarter.
Mr. Barber's Pretty Boy, 5 yrs, 7st (Snowden) 1
Mr. Peters' Gammon, 3 yre, 5 t 12:b (Challoner) 2
Mr. Barber's Hamlet, 4 yrs (iv. 51b extra), bat 7lb _

(Bray) 3
Tee f also ran :—Dred, Dperance, and Con-
tention.

Letting.-3 to 1 agst Pietty Boy, 4to 1 each agst
Esperance, Gammon, and Contention, 5 to 1 agst
Haailtt

Contention ma+lo the running to just below the die-
twin?, where Pretty B )37 took the lead; and ran home au
cagy winner Ly half a length ; five lengths between the
8,-cond and third.

Mr. Barber declared to win with Pretty Bay.
The Castle Plate Handicap of 50 Bova ; winners ex'ra.:
T.Y.C.
Mr. J. o,borne's Trabuco, 3 yrg, 53t 121 b (Challoner) 1
Mr. Barber's Abron, 3 yis, 819 (Grinishaw) 2
Mr. T. Davrson'a Dred, 3 yra, 4,t 10lb (Madden) 3
The following also ran :—Massacre, Gipsy Girl, and
Sleight of Hand col,.

Be tin-7 to 4aistAbron, 2to 1 agst Trabuco, 4to
1 agst Massacre.

A good race, won by a Leek ; the others beaten off.
The Sherwood Handicap of 5 save each, with 40 added ;
winners extra; gentlemen riders; prdesaionals, 61b
extra. Oue mile and a quarter. 11 subs.
Mr. Saxon's Samson, 3 yrs, 8.,t 81b (cir. Bst 91b)

(Mr. Edwardv) 1
Mr. Copeland's Thornhill, 3 yrs, 9st 210 (inc. 31b ex.)
(Mr. G. S. Thompson) 2
Captain Vernal's Turret, 3 yrs, B,t 121 b (inc. 61b or.)
(Wil bet frrce) 3
Betting-6 to 4 each agst Samson and Thornhill, 3
to 1 apt Turret.

Won- by three lengths; four lengths between the se-
cond and third.
The Stand Plate Handicap of 50 sous ; winners extra.
Half a mile straight.
Mr. Copperth waite's Lady Kingston, 2 yrs, (inc. 51b
errs) 54 91b + 1
Mr. R. Sot on's A bon, 3 3rs, 64 71b ............ t 2
Mr. Baldwinson's Lizzie, 3 yrs, 6,t
Eight ran. Lady Kingston won the deciding heat by
two lengs hs.
The following selso ran :—Mrs. Stowe, Inniskillan,,,
Artist, Bradley, and Alrred.
The County Members' Plate did not fill.