The Sun.
London, England, 1858-10-22 00:00:00

THE SUN, LONDON, FRIDAY EVENING, OCTOBER 22, 1858.

FOREIGN.

LAW INTELLIGENCE.-(THIS DAY.)

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)

PROOF AGAINST HARD SWEARING-BORROW V. 3.I‘NAMARA

Plaintiff is a cab-owner, and defendant is a director of the
London General Omnibus Company. The action was
brought to recover damages sustained by plaintiff's cab, in
consequence of tht negligence of one of defendant's drivers.
Mr. T. Beard, of Basinghall-street, appeared for the de-
fendant.

Plaintiff and his witnesses deposed that on the Bth of the
present month his cab was proceeding through Cornhill,
and the omnibus, No. 7,375, belonging to defendant, ran
into and damaged the panel at the back of plaintiff's cab.
Plaintiff took the number as the omnibus drove on. It was
7,375. In cross-examination plaintiff said he did not know
where the omnibus went to, but he was sure he had the
right number.

Mr. Beard, for defendant, said, this was one of those
cases•in which several persons positivly swore that a par-
ticular vehicle, bearing a particular number, damaged a cab.
He (Mr. Beard) might possibly have called witnesses to
controvert this evidence, but that would not have been suf-
ficient, as hard' swearing would have been matched against
hard swearing. On the present occasion he (Mr. Beard)
would prove that the, omnibus No. 7,375, was not is the
City on the day in question. In confirmation of this
statement Mr. Beard produced the licence, and called Mr.
Ashton, the manager, who proved that the omnibus
ran from St. John's Wood to Camberwell, and was not in
the City on the Bth.

His Honour said it was very evident a mistake had been
made, and plaintiff must be nonsuited.
DEANE, DRAY, AND CO. V. WRITE.-GAS STOVES-

IMPORTANT INVENTION.

Mr. Buchanan, of Basinghall-street, appeared for the
plaintiff.

The ease has been before the Court several times, and it
appears that plaintiffs had agreed to supply defendant with
a gas-stove to burn in his private office. After it was deli-
vered defendant refused to pay, as the stove would not
burn. Defendant insisted that he should not be called on
to pay; but Mr. Buchanan stated that the room in which
the stove was fixed was ventilated in so defective a manner
that it was impossible for the stove to act. Plaintiffs had
offered to alter the stove, and had done so. They had affixed
a newly-invented draught-pipe, and now the stove
burnt very well. His Honour was very glad to hear it, and
gave plaintiffs a verdict for £2 Os. 10d. He remarked that
in taking orders for gas stoves, plaintiffs should satisfy
themselves that the room in which the stove was to be
fixed was ventilated.

SINGULAR DEFENCE.--BOWDEN•V. BRIGGS.

This was an action to recover the sum of 25., balance of a
[ally account.

A person, who appeared for the defendant, said there was
a mistake, plaintiff had sued for too little or he would have
been paid. (Laughter.) The amount should have been
3s 10d.

His Honour—Well, that is a strange excuse for not
paying, but the expenses will nearly bring it up to the
amount,
Verdict for plaintiff.

POLICE INTELLIGENCE.—(This Day).

BOW-STREET.

MORE MARKET ROBBERIES.—This morning, three boys,
named Macdonald, Elliott, and Larkin, were placed at the
bar charged with stealing a quantity of walnuts.

Mr. Jacobs said—l am a salesman in Covent-garden
Market. Last evening, after my stand was covered, I left
for Paddington. On my return, about hall-past six, I ob-
served a sack containing walnuts had been cut, and a large
quantity taken away. I told the constable of the circum-
stance, and in a short time he brought the three boys back.
On searching them walnuts were found in the pockets of
each. About a peck had been stolen when I found out the
hole in the sack; but, had the aperture not been discovered
by the morning, the whole bagful would have dis-
appeared. The robberies in the market have now be-
come so frequent that to find your property next
morning as you left it is the exception, not the rule.
The rascals don't care what property they destroy to get at
the fruit; frequently tarpaulings, which cost a great deal of
money, are rendered useless, in order to steal a few pence
worth of fruit.

Mr. Henry—How many night watchmen are there em-
ployed ?

eonstable—Two, your worship.

Mr. Henry—ls that enough to look after so much pro-
perty

Constable—There have never been nny more.
Mr. Henry—l hardly think two sufficient. Do you know
the boys ?

Constable—Oh yes, your worship. They are always
about the market. On ll‘Donald I found a knife and
sharpening stone.

The mother of M‘Donald here stepped forward and said her
son had no necessity to steal, as he had a good home. He
unfortunately associated 'a ith bad characters. The knife,
and stone he used at his work—sackmaking.
Mr. Henry—l shall send them to the House of Detention
for a week, where they will be kept solitary; but if they
ever come here again I Trill send them to prison for a longer
term.

A DRUNKEN LINKMAN.—John Smith, a linkman at-
tending the theatres, was charged with drunkenness.
Police-sergeant F 1, said—Last night; shortly after eleven,
the prisoner was in front of Drury-lane Theatre, and, on a
cab driving up to take up two ladies, the prisoner and
another man rushed to the door of the cab and began fight-
ing as to who was to have the privilege of escorting the
two ladies to the vehicle. During the fight the two ladies
were nearly knocked down. I came up and took the pri-
soner into custody. The linkmen have become a com-
plete nuisance. Thirteen or fourteen of them are nightly
in attendance, and it is with difficulty any person can
escape their importunities.
Prisoner--I wasn't drunk. I was a-looking arter the
ladies. I was up first with the cab. I had hold o' the
handle.

Mr. Henry—Yes, I know. You had a fight for the six-
pence that was to be demanded for fetching the cab.
Such a nuisance must be put an end to. It is not to be
borne that respectable ladies leaving a public theatre are
to be annoyed, and perhaps—during one of these fights—
assaulted. I fine you 10s., or seven days' imprisonment.
CHINESE BEGGARS.—Two Chinamen, with very long
tails, one of whom spoke English, were placed at the bar,
charged with begging. They appeared to be rather supe-
rior, in their appearance, to the poor objects that are so fre-
quently seen in our streets. The tall man said his name
was Tin-yang, and his companion's Thin-Yah•
Hewitt, the mendicity officer, said he saw the prisoners
begging, and took them into custody.
Mr. Henry—When did you arrive in England ?
The tall man—Fourteen weeks ago—me came in ship
Victoria from Calcutta. He come also• _

Mr. Henry—You must not beg in London. I shall send
you to the office at the other end of the town, in order that
you may be sent back to China. The worthy magistrate
then gave directions accordingly, and told the officer he
should have money to convey them to the office in Lime-
house.

Hewitt said he had taken elevenpence from the tall man
and he could pay the expenses of the boat out of that.
Immediately John Chinaman heard he had to pay his
own travelling expenses, he began blubbering like a child
at the prospect of losing his savings.

LOSS OF THE AMITICAN SHIP
ANTELOPE.

(From the Hong Kong Daily Press, Aug. 16)

The ship Antelope, Clarke, of New York, left the
outer anchorage of Bangkok on the 27th ult., for
Hong Kong, with a cargo of general merchandise.
The voyage prospered without any occurrence
worthy of note until sth inst., on which day good
observations were taken, which made the ship about
70 miles distant from Discovery Shoal (Paracels). A
course was accordingly steered N. by E., which course
gave the shoal a wide berth of 40 miles. During the
night of the sth the wind was very light, and on
the morning of the 6th, between half•past 6 and 7,
the ship struck the shoal. There was no appear-
ance of breakers, nor rocks above water ; the sea
at the time was quite smooth. Discoloured water had
been seen a minute before the ship struck, but
there was not time to alter the course. It should

here be mentioned that observations made when
the ship was on the shoal gave her position cor-
rectly, which, proving the chronometer to be right,
leaves no doubt that the current had set the ship 40
miles out of her course between noon of the sth
and 6 a.m. of the 6th, or 18 hours. Immediately
upon the ship striking an anchor was run out, but
no could be found at a very short distance
from the ship. It was let go notwithstanding ;
but the warp attached to it, on being hove taut,
pointed at far too sharp an angle to render it of
arty efficacy in heaving off. The tide was decidedly
falling soon after the ship struck, and cargo was
jettisoned, in the hope that the ship might
have struck at half-flood, and would float
off next tide ; but this proved a vain hope, for the
tide continued falling until 5 p.m., making it clear
that the ebb and flood each ran 12 hours, and that
the ship must have grounded at the top of the flood.
The fall of the tide proved considerable, leaving
only three feet of water under the ship. The entire
shoal then became visible. Its shape is elliptical,
about eight miles in diameter of way, by six the
other. The formation is not coral, but dark-
coloured rock, mostly sharp-pointed. The ship's
position was most critical. Being to windward of
the shoal the little sea there was beat so heavily
upon her that it was a matter of difficulty to launch
the boats, and indeed one of them got stove. With
wind and sea thus beating_ on her, and nothing to
heave off by, all hopes of saving the ship were
abandoned, and, it being clear if any breeze should
spring up there would be no possibility of getting
the boats clear, it was decided to quit at
once, notwithstanding that night was setting in
and there was no moon. Accordingly at 6 p.m. the
crew took to their boats. After mature delibera-
tion it was deemed prudent to take no arms, under
the idea that they might cause trouble and could
do no good—a sad mistake, as the sequel will
prove. The master, one European, three Chinese
passengers, ten white and three coloured seamen,
were told off for one boat, making eighteen all
told; whilst the mate, one seaman, and eight
Chinese passengers were told off for the other boat,
making ten in all. The captain's boat was crowded
and very deep—the mate's much less so, and, al-
though a smaller boat, was a much better risk.
The intention was to keep company and make for
the nearest land, which was a place calltd on the
charts Leong-soey, on the coast of Hainan.
During the first night e., the 6th instant),
the boats parted company, and nothing has been
since heard of the mate's boat. The captain's boat
made the high land of Hainan on the 9th, without
encountering any bad weather, and on the 10th fell
in with two fishing-boats, with whom communica-
tions of a friendly nature were opened. Water
was the great requirement, and the fishermen agreed
to tow the Antelope's boat for 20 dols. to a place
where water might be got. Accordingly a line
was made fast, but instead of towing, the fish-boat
began backing and filling, and describing a circle.
This proceeding was remonstrated against and
resulted in a squabble, the fishermen demanding
more money. A second boat full of men was now
seen bearing down, and it was clear their intentions
were hostile. Captain Clarke therefore made off
under sails and oars, and succeeded in getting
away from the rascals. That night an oar
was broken, which was converted into bludgeons ;
the sailors made some slung shot, and a hatchet
was found at the bottom of the boat. It was then
wisely determined to repel force by force, concilia-
tion with a cowardly foe being construed into
pussillanimity. They continued on their voyage
northward, skirting the coast in desperate straits
for water, when the following morning, the 11th
inst., upon rounding an island, they saw three fish-
ing boats bearing down upon them, evidently with
unfriendly intentions. Captain Clarke kept away,
hoping to elude them, but the breeze f7eshening
they could outsail him; he, however, got them all
astern and some distance apart. On the first corn-
ing up she commenced throwing large stones, two
men standing in the bow with spears. Having no
means of resisting, Capt. Clarke made signs of sub-
mission, and threw a line as a signal to be allowed
to come alongside, but the Chinese were too wary,
and the Antelope's boat fell into their wake.
Captain Clarke then cut the line and made an
attempt to escape by pulling—he got a little dis-
tance ahead, when the China boat ran into his stern,
carrying away the rudder and staving in the quar-
ter. The two Chinese still kept guard with spears
at the bow, precluding all possibility of boarding,
and under these circumstances every thing was
surrendered to them and passed out of the boat
over the stern. The sight of the plunder was too
much for the Chinamen. They relaxed their vigi-
lance, allowing the Antelope's boat to fall along-
side. There had been no plan of attack concocted,
because no opportunity of resistance was hoped for,
but no sooner did this chance present itself, than two
sturdy Jacks sprung on the China boat's deck. Capt.
Clarke followed, but not having the use of his legs
after being cramped up so long in the boat, he got
tripped up and fell overboard. Long before he
could get on board again his crew had over-
powered the Chinese, killing all save one, who
jumped into the water badly wounded,but as the other
two China boats made off immediately the altered
state of affairs became developed, he must have
been drowned. The Chinese numbered twelve.
The surprise was complete ; not one of the Ante-
lope's men was wounded, and all the property was
recovered. The prize had water and rice in abun-
dance. A course was steered for this port, where
they arrived in two days, i.e. on the 13th inst.
Unless the mate should have fallen into the hands
of Philistines such as we have described, Captain
Clarke considers he must be safe •, but as he had no
chronometer, he would necessarily make the coast
a long way north of the point he was directed to
steer for, by reason of the current setting in that
direction with considerable velocity. The Antelope
was chartered by the opium farmer. We hear that
her cargo was valuable, say upwards of 100,000
dollars.

August 23.—The master reports that the mate
and a seaman, who were in another boat, had been
murdered by pirates.

GOVERNMENT EMIGRATION. Her Majesty's
Emigration Commissioners chartered yesterday afternoon,
the 21st inst., the Medina, 959 tons, to sail from Liverpool
for Melbourne, Victoria, at £l3 16s. per statute adult, to
be ready for the reception of passengers on such day as the
Commissioners may appoint, betweenthe 29th of November
and the 6th of December. They have also given notice of
their intention to receive tenders next Thursday, the 28th
inst., for ships to proceed to Sydney, New South Wales,
and to Perth, Western Australia ; the former vessel to
be ready to sail any day the Commissioners may fix upon,
between the 6th and 13th December, and the latter to be
ready any day between the 22d and 29th of December.
REMARKABLE ESCAPE. —A young man named
Tovey was engaged in his calling as a chimney sweeper, at
Prestbury, on Thursday last, at The Hayes, the residence
of Dr. Disney Thorpe. Having occasion to go out on the
roof of the house to clean the top of a flue, his foot slipped
by some mischance, and he was precipitated into the stable
yard below, a distance of nearly 50 feet. It is stated that
he fell upon his head, but be this as it may, singular to
state no bones were broken, and the unfortunate young
man received only a severe shock to the system, several
contusions on different parts of the body, and a few flesh
wounds about the head and face. The patient is going on
well, and there is every probability of his speedy recovery.
—Cheltenham Examiner.
COURT-MARTIAL ON THREE FRENCH OFFICERS.—
We mentioned lately that three French officers of rank have
been brought to a court-martial in Africa for embezzlement.
The following particulars of this serious affair now appear
in the Paris newspapers :—" A great sensation has been
caused in French military tittles 1)3, the trial before a mili-
tary tribunal, sitting at Blidah, in Algeria, on three officers,
Chef d'Escadron S—, Capt. —, and Capt, M—
who were successively paymasters of the Ist Spahis, for
having embezzled 88,1681., the property of the Govern-
ment. It appeared from the evidence that the prisoner,,
as paymasters, had the disposal of considerable funds for
the purchase of forage, and that they appropriated portions
of 'them, disguising their frauds by false accounts. The
frauds extended over six years, and amounted altogether,
as near as could be made out, to 14,049 f. by the Chef d'Es-
cadron, 28,007 f. by Capt. A—, and 46,112 f. by Capt. M—t ;
but though they had all committed exactly the sametsoorug_f
fraud, they had not, it appeared, acted in commona h
certainh
each knew of the frauds of the others, and was to
extent responsible for them.
embezzlements were discovered. In adflei e thatB,l6Bt hfe.
it of about 15,000 f.
brought home to the three accused,tabde
It was bltainc
ascertained
accident
by which of them it was occ.
was found to exist, but it could noleenepdre.
CiBAft°lY er hearing
s— to dismissal from the army
guilty, and condemned
counsel for the prisoners, the tribunal. declared all three
and three years' impnsonment ; • and A— to military degrada-
tionM— to dismissal and
four years' imprisonment ,
and five years' hard labour. The prisoner S— was
an officer of the Legion of Honour, and M— a knight,
and both were declared to have forfeited their decorations."
DEATH FROM RECKLESS DRlVlNG.—Yesterday
Mr. Wakley hell an inquest at the Elephant and Castle,
St. Pancras, on the body of a poor old man, named Med-
calfe. On Tuesday the deceased was in the Pancras-road,
on his way to the workhouse, when, in crossing the road, he
was knocked down by the horses of a coal Waggon belong-
. ing to the Great Northern Railway, and the wheels passed
over both legs, crushing them in a frightful manner. He
was carried to Mr. Sutb.erin's surgery, but he only survived
a few hours. The drivers of these vehicles are proverbial
for their rgoideozieu, Accidental death,"