The Sun.
London, England, 1858-03-27 00:00:00

£32,320,730 I £32,32),730
M. MARSHALL, Chief Cashier.
Dated the 25th day of March, 1858.

BANKING DEPARTMENT.

Proprietors' capital 14,553,000
Re5t......
Public deposits (in-
cluding E tchequer,
Commissio,ers of
National Debt, Say-
ing.' Banks, and
_ _

Government securities

(includg.DeadWeight
Annuity) .. • •
Other Securities • • 16,805,904
Notes .....
Gold and Silver Coln 888,085

Dividend Accounts) 7,693,272
Other deposits
Seven Day and other
Bills ......

£40,609,687

£40,6c9,657
:, MARSHALL, Chief Cashier.

Dated the 25th day of March,

AVERAGE PRICE OF SUGAR.

The Average Price of Brown or Muscovado Sugar, com-
puted from the returns made in the week ending March
23, 1857, exclusive of the Duties of Customs paid or
payablo thereon, on the importation thereof into Great
Britain : S. d.
From the British Possessions in America 27 9i
Muscovado, the produce of the Mauritius 26 24
Muscovado, the produce of the East Indies 23 4
Average of the above descriptions.

LAW INTELLIGENCE.—March 26.

VICE-CHANCELLOR'S COURT.
(Before Vice-Chancellor Sir P. Wood.)
THE EAST ANOLIAN RAILWAY COMPANY V. GOODWIN.

Sir R. Bethell was heard in reply in this case, which has
occupied the Court for several days, and of which the general
outline has been already stated in The Sun.
The Vice-Chancellor paid that he could not part with the
ca-c satisfactorily until he ILAI Messrs. Lacy and Everard,
two of the directors previous to the amalgamation, broug .t
before him for viva voce examination in respect of certain
share transactions. It would be desirable that an early day
should be fixed for the attendance of these gen lemon.

RENDALL V. THE CRYSTAL PALACE COMPANY.

This cause came on by way of demurrer to a bill by a
shareholder iu the company, for the purpose of restraining
the directors from accepting the surrender of shares in ex-
change for tickets of admission, on the terms specified in au
advertisement of the 17th of February, 1858, and from is-
suing any tickets of admission on such terms, and from ad-
mitting any persons to the building or grounds on the
Lord's-day, in consideration of any money payment, whether
made directly or indirectly. By the charter of the company,
bearing date the 28th of January, 1853, it was declared that
the chl.rtcr w.in gro...tod 0.. ,nnaition that no person should
DO admitted to tee said building or grounds on the Lord's-
day, in c• sideration of a,.y money payment, whether made
direcly or indirectly, unless the express sanction of the
Legislature should have been obtained for admission on
such consideration, and then only for the time warranted
by the act of Parliament. By the Crystal Palace Com-
pany's Act, 185 G, the directors were empowered to agree
with shareholders for the conversion of shares or stock
into a ticket of admission to the building and grounds of the
company, for the proprietors or their nominees, either for
life or such term of years as might be determined on. Tho
Act also provided, that nothing therein contained should alter
or invalidate the charter, or relieve the company from any
covenants or conditions contained therein, except so f•ir as
the charter was expressly varied by this Act. The question
of the advisability of opening the gardens and grounds to the
shareholders on Sunday afternoons was from time to time
much discussed, and on the 7th of December, 1557, the direc-
tors issued a report recommending the conversion of the ordi-
nary and preference shares into tickets, entitling the proprie-
tors of such shares to a certain number of gratuitous admis-

sions to the palace and grounds on all ordinary shilling days
upon certain terms as to their use, 60 admissions beingadopted
as the number in exchange for au ordinary share and 120 for
a preference share. As to admission on Sundays, the direc-
tors recommended that a resolution of the Board be passed
authorising admission by these t (lets to the ralace and
grounds on Sunday afternoons after 1.30 as a gratuitous pri-
vilege, and without any money payment to be made directly
or indirectly to the company for such privilege, the number
of persons admitted by each ticket being, however, recorded
upon it A resolution in accordance with the directors' re-
port was passed at an extraordinary general meeting of the
shareholders on the s7th of December, 1857. An advertise-
ment was published in the Times inviting applications to the
directors for the surrender of shares in the company in ex-
change for tickets of admission upon the terms already speci-
fied. The plaintiff; who had protested against the resolution
authorising admission to the grounds on Sunday afternoons,
had filed a bill against the directors, on behalf of himself
and all other shareholders who should come in and
contribute, to restrain the issue of tickets upon these
terms, alleging that the proposed admission on Sunday
afternoons would occasion a forfeiture of the charter, and
that money would be received by the company both
directly and indirectly in respect of thesa tickets, as
well from tke fee of 2s. ticl. to be paid on the surrender of each
share as from the arrangements with the London and Brighton
Railway Company, and otherwise.
The company had demurred to the bill.
Mr. W. 11, James and Mr. Hemming, in support of the de-
murrer, contended that neither directly nor indirectly would
money b.; paid in respect of the Sundny afternoon admissions,
which were to be confined to the shareholders and their
friends. The condition in the charter must be construed
strictly. It was intended to restrain the use of the palace and
grounds as a place of public entertainment on Stmdays, but
not to prevent the proprietors from availing themselves of
their property in the same manner as the Fellows of the
Zoological and Botanical Societies. With respect to indirect
money payments, the statute 21 George 111., c. 49, against
pr. fanation of the Lord's day, sufficiently specified what
might amount to an indirect payment for admission, and this
statute was clearly imported into the charter and governed
its application.
The Solicitor-General and Mr. Busk, for the plaintiff, were
not called on.
The Vice-Chancellor said that the demurrer could not be
sustained. Had he entertained any doubt on the question of
construction, he might have availed himself of the assistance
of a common law judge. The case turned simply on the charter
of the company, which expressly prov.ded " that no person
should bo admitted to the said building or grounds on the
Lord's day, in considera..iou of any money payment, direct or
indirect, unless the express sanction of the Legislature should
have been obtained," &c. It did not even reserve to the Crown
the power of relaxing the prohibition, and he could not accede
to the argument that the charter was to be taken as simply
importing the provisions of the Act 21st George 111 , cap. 49.
For this reason the cases cited as to places of public entertain-
ment did not apply. The charter was to be forfeited upon the
admission of any one person by payment in money, whether
directly or indirectly made. Suppose the directors had had
the power to buy up shares, and they had offered to purchase
the shares on the terms and for the consideration of giving
to the proprietor and his nominees admissions on so many
Sundays, this would have been clearly within the prohibitory
condition of the charter, as the receiving indirectly a money
payment for the privilege of that admission. It was true a
share was not money, hut it was money's worth--an article of
value, saleable in the market at a certain price, and conferring
the right to the dividend, &c. It would be a very narrow
construction indeed to hold that money or money payment
must be actual cash. Under the act of 1856 power was ob-
tained for the conversion of shares into life admissions. It
was said that the directors would bo entitled under this act
to extend the admission to Sundays, but there was an express
proviso against any condit on in the charter being thereby
altered or invalidated. All that was enacted was, that shares
should be converted into tickets of admission, which meant
ordinary existing tickets of admission, applying only to days
upon which admission was not prohibited. There was no re-
lease from th conditions imposed by the charter in that re-
spect. Parting with a share which was a valuable property for
a ticket of admission upon the terms proposed was in effect
procuring a ticket for admission on Sundays in consideration
of mosey paid indirectly to the company. The company were
not authorised to issue tickets of admission on these terms,
and the demurrer must be overruled. The injunction sought
by the bill and notice of motion would be granted, restrainingt
the defendants from issuing tickets so as to admit persons
the grounds on the Lord's-day, iu consideration of any money
payment, directly or indirectly.

Our obituary recorded last week the death of Sir
John Montagu Burgoyne, Bart., late Colonel of the
Grenadier Guards, whom some of our contemporaries
have inistakErt for General Sir John Fox Burgoyne,
G.C.8., of the Royal Eozweers. We are happy to say
that this latter officer, whose services extend from the
landing in Egypt under Aberoromhy to the siege o
Sebastopol, is still in the enjoyment of unbroken health

ting and wounding
HOME CIRCUIT.—KINGSTON, March 26.
(Before Mr. Justice Williams.)
Eliza Clout, 26, a good-looking young woman, apparently
do him grievous bodhielryhhusarbman. Wm. Clout, with intent to
farTandisvcaansceedw.ains
opfrea gnancy, was charged with feloniously cut.
Lilley conducted the prosecution. The prisoner had
no counsel.
very painful nature. It appeared that
the prosecutor was a labouring man, living at Farnham, and
he and the prisoner had been married for several years, and
that the prisoner entertained a feeling of jealousy respecting
her husband. On the 19th of October they had gone to
drink tea with the landlady of a public-house, called the
Royal Arms, at Farnham, and after tea the prosecutor went
into another room, and in the course of the evening the pri-
soner went to him and asked him to go home, and a few
angry words ensued. The prisoner suddenly exclaimed
" Take that," or words to the same effect, and cut her hus-
band in the back of the neck with a razor, and he bled pro-
fusely, and upon his being examined by Mr. Clark, a surgeon
in the neighbourhood, it was found that he had received a
very severe wound The prisoner was taken into custody,
when she stated that she did not mean to hurt her husband,
and only intended to frighten him. The weapon with which
the wound was inflicted was a razor belonging to the prose-
cutor, and which, it appeared, the prisoner had brought from
home for the purpose.
Mr. Clark, the surgeon, stated, in answer to a question put
by the Court, that a good deal of force must have been used
to cause the injury on the neck of the prosecutor ; but be at
the same time said he was of opinion that the object of the
prisoner was not to take away life, or o!se she would have
inflicted the injury in front of the throat instead of the back
The prosecutor having given his evidence, said that he had
been away from his home on the day before the occur-
rence, and had aggravated the prisoner, and they had both
been drinking spirits to a considerable extent on the day the
offence was committed.
The prisoner, who appeared very faint and ill duffle" the
trial, was unable to say anything in defence to the jury„.
Mr. Justice Williams having summed up, the jury:found
the prisoner guilty of unlawfully wounding.
The prosecutor entreated his lordship to deal me ully
with his wife, and said hews r ady to take her hamb3vith
him if she were set at liberty.
Mr. Justice Williams said it appeared to him that, having
regard to the circumstances of the case, and the condition of
the prisoner, the best course would be to respite the judg-
ment to the Summer Assizes, and, in the meantime, the pri-
soner would remain in custody, and be taken care of.
Nothing of interest occurred in the Civil Court.

NORTHERN CIRCUIT. —LIVERPOOL, March 26.
This day the trial of Captain John Anderson Christie
(master of the ship Elizabeth, belonging to Messrs. Tobin,
of Liverpool), for the alleged murd r of Francisco Rode-
riquez, a seaman on board the Elizabeth, came on before Mr,
Baron Martin, in the Crown Court, at Liverpool.
Mr. Bliss, Q C., Attorney-General for the County Palatine,
Mr. James, and Mr. Aspinall conducted the prosecution ;
and the prisoner was defended by Mr. Tindal Atkinson, Mr.
Fernley, and Mr. Peel.
The following are the particulars of the case as detailed by
the Attorney-General in opening the case on the part of the
Crown :—ln June last the ship Elizabeth was on the coast
of Africa, off New Calabar, and at this time the prisoner,
who was then captain of the Faith, was transferred to the
Elizabeth, along with three others, named respectively
Jos.lolt Mitchell, who died, Alphonse Mattio, and Francisco
Roderiquez, into whose death they were now about to in-
quire. The deceased was by birth a Spaniard, and in re-
ligion a Roman Catholic. He was, when he joined the
ship, in good health, and in the full vigour of his age.
He was entered as an able seaman, and was of the average
capacity of seamen. The ship sailed from Calabar on the
24th of July, and nothing particular happened until about a
month afterwards, when the prisoner commenced beating
and kicking the deceased severely, and used the rope's end
to him, and this was continued during the whole of the voy-
age until about a fortnight before the deceased's death.
During this fortnight the deceased was lingering in his hunk,
gradually approaching the term of his life. There were two
beatings amongst the rest, to which ho wished particularly to
refer. One took place in September, and the other about a
fortni ht before deceased's death. The deceased was trim-
ming- the binnacle lamp, and whilst doing so he fell down the
stairs with the lamp iu his hand. The prisoner asked what
was the matter, and was told the deceased had fallen. The
prisoner then came forward, and seized the deceased by the
neck, and beat him very much in all parts of his body, end
when the prisoner left him the deceased was in sue') agony
from the beating that he could scarcely crawl, and cried out
that his back was broken. It was subsequently discovered
that his spine was broken, for after that time he wis never
able to stand upright. He often complained afterwards about
his beck, and showed it to the other seaman, who saw large
lumps upon it. One day after this deceased was trying to
walk on the deck, but was unable to do so, except very
slowly. The prisoner follow ,d him and told Lim to get on
quicker, and on the deceased saying he was unable to do so,
the captain kicked him severely, when be fell on the deck,
and could not rise again. He then crawled into his bunk on
his hands and knees, and from this time he never afterwards
ff-
uitt d his berth alive, except on one day when the prisoner
roped him and kicked him. The deceased then crept along
into his bunk, where he remained for fourteen days. During
this time his mind became affected, and after the most
excruciating sufferings caused by the spine having been
broken, and the other wounds and injuries he had re-
ceived, he died on the Ist of November, and was
thrown overboard. The ship arrived in Liverpool
cn ash or 2ik.A,,eualeL , N and immediately afterwards an ap-
prentice, named James aggs, went to too owner., aressrs.
Tobin, and gave information of what had taken place on
beard. An inquiry into the circumstances then t ok place
before the local Marine Board, and this led to the in-
vestigation before the magistrates, which was f.,llowed by the
facts of the ease being brought under the notice of the Board
of Trade, who had directed this prosecution.
The evidence of seamen of the ship, reported at length iu
the preliminary examination held lat ly, was adduced in sup-
port of the learned counsel's opening remarks. The deposi-
tion of Francis Batten, the second mate, who tiled last week,
was also put in and read as evidence.
Mr. Thomas Inman, M D., physician to the Northern Hoe-
pital, Liverpool, was called, and said he had listened to the
evidence which had been given by the witnesses who had
already been examined, and he concluded that the deceased
had bad abscess in the thigh, prodaced by kicking ; subse-
quently the chest became affected, and he had come to the
conclusion that the deceased came to his death by au affect-
tion of the chest.
The Judge—How was that affection of the chest brought
on?

Mr. Inman said it was very commonly brought on by
injuries. Inflammatlin of the chest frequently followed in-
juries.
By the Attorney-General—l am of opinion that such kick-
ing and beating as I have heard described may have produced
this inflammation.
By Mr. Tindal Atkinson.—l do not think, from what I
have heard, that scurvy was the cause of death. I do not
think it pose Me.
Mr. Wall, surgeon at the Northern Hospital, corNbolated
Mr. Inman's evidence as to the cause of death.
By Mr. Ferneley—Was of opinion that the evidence
showed that scurvy was not the cause of death.l
The Attorney-General said that was the case on the part of
the Crown.
Mr. Atkinson then addressed the jury on behalf of the
prisoner.
The learned Judge having summed up,
The jury brought in a verdict of manshiughter, and the
Judge sentenced the prisoner to p:nal servitude for life.