The Sun.
London, England, 1867-11-22 00:00:00

THE SUN, LONDoN FRIDAY EVENING, NOVEMBER 23, 1867;

BICITISII ML

r ji;s.

LAW INTELLIGENCE,—This Day,

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COURT OF QUEEN'S BENCH.
(Before Lord Chief JustiCe Cockburn, and Justices
Mellor, Shee, and Lush.)
TriE CASE OF FUAD PACHA.

Mr. Manesty, Q again brought the case a
Fuad Pacha before the Court, and contended tha
the Pacha was a privileged person, and therefor(
was free from arrest.

The Court, however, said that before they ordered
the suspension of proceedings against Fuad Pacha,
they must be satisfied from the Turkish Embassy
that he was attached officially to the Sultan's suite
on the occ Lsion of his visit to England in the first
instance. The Embassy could be communicated
with through the Foreign Office, and until that in-
formation was before the Court the matter must
stand over.

COURT OF EXCHEQUER.
(Sittings in Banco before the Lord Chief Baron

and Barons Martin and Bramwell.)
EMERY V. PARRY.

This was an action tried before Mr. Baron Mar-
tin at the first sittings during the present term. It
will be recollected that the plaintff is Mr. Emery,
the actor, and Mr. Sefton Parry, the proprietor
of the Holborn Theatre. The point at issue
was, what was the nature of an agreement entered
into between them, which provided that Mr. Emery
should take a certain part in a drama entitled " An-
tipodes," which was brought out at the Holborn
Theatre, and that his remuneration should be £lO
a week during the run of the piece. It was alleged
on the part of the plaintiff that, although there
was a written agreement to this effect, there was
a parol contract which provided that the piece
should run for at least eight weeks. Mr. Baron
Martin considered that no•such other contract could
do away with the effect or the written document
itself, and therefore directed the jury to find a
verdict for the defendant.

Mr. Sergeant Parry now moved for a rule for a
new trial, on the ground of misdirection, and con-
tended that there was a separate and special con-
tract that the piece should run for eight weeks, and
that the plaintiff was entitled to give.parol evidence
of the fact ; and that it, in fact, was a supplemental
contract. It would be absurd; he argued, to take
" the run of the piece" as signifying only the length
of time that the drama was played, fur it might only
run a week. Who was to decide, then, what was
the run of the piece ? Lie contended that this was
a separate contract, and that parole evidence could
be given on it. On these grounds he asked fur a
new trial.

The Loid Chief Baron said that he had but one
or two observations to make, and they were, that it
was izr.possible for the plaintiff to make this con-
versation part of the contract, and also that it could
not be incorporated into a written contract. The
parties themselves had imported no understanding
of the nature alluded to into the written document,
and therefore the court had no occasion to do so.
The rule must be refused.

COURT OF DIVORCE.
(Before Sir J. P. Wilde.)
BARNES V. BARNES AND GRI3IIVADE.

This was a suit instituted to obtain a dissolution
of marriage on account of the wife's adultery.
The Queen's Proctor, intervening on the ground
of collusion,

Dr. Spinks, Q.C., and Mr. Searle appeared for
the petitioner, and the Attorney-General and Mr.
Ilannen for the respondent.
The co-respondent did not appear.

It appeared that the parties in this action were
persons in humble life, the petitioner being in the
position of a servant in the employ of a gentleman
_ _

in Ipswich, and the co-respondent was a shoe-
maker. The petitioner had been living sepa-
rated from his wife for some years, and she
had been lodging iu Ipswich alone, but it was
alleged that latterly she had been cohabiting
with the co-respondent. From the evidence of one
witness it seems that Mts. Barnes lodged with her
in 1864, and that as they went about together they
frequently met Barnes, and on several occasions he
had given the respondent money ;- and on one par-
ticular occasion had treated her to some gin. The
respondent left her in 1864 to go to London, and
then returned to live with her again. She
afterwards left her, and the witness believed that
she was living with a shoemaker named Grimwade.
She was not a particular friend of Griumade'9.
She did not remember Mrs. Barnes talking about
a divorce. She heard Barnes say that it would cost
£4O to get a divorce, that he had paid up £2O of
that sum, she should soon save the rest. This was i❑
a public-house in the Butter-ma;•ket, in Ipswich. It
was in Nov., but she could not say the year. She
Ltd heard him say.that more than once. Another
witness said that more than once. Another witness
said that for five or six years, at the fair time he
had seen Mr. and Mrs. Barnes and Grimwade there
together. Barnes was there, and, although his
his wife and Grimwade were always partners, he
never objected. Ile used to leave them together.
This would be about one o'clock in the morning.
Respondent and Grimwade would remain till four
dancing. When the petitioner was told of it he
would say, " Oh Charley's a decent sort of chap."
After some further evidence the Court dismissed
the petition.

POLICE INTELLIGENOE.—This Day,

MARLBOROUGH-STREET.
UNGRATEFUL CONDUCT.—Mr. John • Walter
Boyer, landlord of the Goldsmiths' Arms, East
Acton, was charged bQfore Mr. Knox with being
drunk and behaving in a disorderly manner.
Sergeant Brady, 22 C, said that on the previous
afternoon he was in Oxford-street when he saw the
defendant fall off a cart, and as he was drunk he
took him into custody. On the way to the station
the defendant behaved in such a manner that he
was obliged to ask the assistance of another con-
stable, who was in plain clothes ; and on the way
to the station the defendant accused him of having
put his hand into his pocket and taken out £5O, and
he afterwards accused the other officer of doing a
similar thing. On getting the defendant to the
station £27 was found upon him.
The defendant said he,didinot.remember accusing
the police of robbing him.

Mr. Knox said that was because the defendan
was drunk.

The defendant said he was at the Gloucester
coffee-house with a friend, and had a glass of stout,
and on getting on to his cart .he slipped off, and
the police took him, but he was not disorderly.
Mr. Knox said he considered the defendant's
conduct very bad, as but for the police he might
have broken his neck and been robbed. Instead of
thanking the sergeant for what he had done, he had
accused him of robbing him of £5O, and also a con-
stable who had assisted the sergeant. The police
had saved the defendant's life and money, and the
return he made for it was to abuse them. The de-
fendant would have to pay a fine of 20s.

where the lead was stolen from:was their property,
as al6o the lead.

Both the prisoners said it was their first offence
and wished the magistrate to settle it at once, but
they were committed for trial.

211.4RKETS—(This Day.)

hIAIZK LANE.

Our market to-day was very moderately supplied with
English wheat, coastwise and by railway. The demand
for bsth red aLd white parcels was far from active;
nevertheless, Monday's prices were supported.
The imports of foreign what were seasonably good.
Fur most kinds the inquiry was restricted, at late cur-

rencies.
Floating cargoes of wheat, barley, and rye were in-
ftetiv4!. afloat, were held firmly at extreme rates.
Fine malting barley was scarce. Inferior kinds were a
dull sale, and the turn cheaper.
Malt, the supply of which was good, moved off slowly,
at the late decline in value.
Oats gave way Gd. per quarter owing to large arrivals.
No quotable change took place in the value of either
beans, peas, or flour. seeds and cakes were a slow sale,
but not lower in price.

ARRIVALS TIIIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch 1,510 GGO 440 1,120
Irish
Foreign 22,050 4,820 89,990 4,330 sks

NEWGATE AND LEADENTIALL.
These markets are well supplied with meat, for which
he market generally is quiet, at the annexed rates:—