The Sun.
London, England, 1867-02-23 00:00:00

IHE SUN, LONUON, SATURDAY EVENING, FEBRUARY 23 1867.

SHARE MARKETS—This day.

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col cool 10

102
891 81 91

86 51

LA►W INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.
KOLAR V. HARRISON AND OTHERS.

This was an action to recover a sum of £14611x. Gd. for
goods sold and delivered, to which the defendants pleaded
not indebted, and the acceptance of a bill of exchange in
payment of the claim.

It appeared that the plaintiff was the trustee of Messrs.
Goldsmidt and Cross, who had been provision merchants,
and the action was brought for provisions supplied to a
ship called the City of Melbourne, in the port of London,
which was bound for Mobile. Tho defendants were the
owners of a vessel, and were extensive shin proprietors at
Liverpool. The orders were given in writing by Mr.
Machi, the husband of the ship, and who had previously
had several dealings with the firm of addstnith and Cross
in Feb., 186 G. There was prima foie by the register of
the ship that the defendants were part owners of the ves-
sel, but that fact was not disputed. With regard to the
bill of exchange, the parties from whom it had been re-
ceived had failed in business, and the bill was dishonoured.
There had been no money payment whatever to Messrs.
Goldsmith and Cross on account of the amount claimed.

As the evidence was proceeding it was agreed between
the parties that the case should be made special on a point
of law to be brought before the upper Court.

APPEALS.—HOUSE OF LORDS, FEB. 19.
O'MALLEY IRWIN V. SIR GEORGE GREY, BART.
The arguments in this appeal from the Court of
Exchequer chamber were resumed this morning by Mr.
O'Malley Irwin. The appellant, who sought for a mand-
amus from a jury, under the provisions of the Common
Law Procedure Act of 1854 (sections 69 to 74 inclusive)
and not from the discretion of the judges, commanding
Sir George Grey, the defendant, to return his petition
of right, dated 24th of April, 1861, having obtained
her Majesty's fiat to said petition "that right be
done," pursuant to the petitions of Right Act, 1860.
The jury having returned a verdict for the defendant the
appellant made application to the court below to set aside
the verdict, on the ground that 10 only out of the 24
special jurors struck had been summoned, and that 8 were
actually admitted by defendant not to have been sum-
moned. Consequently the issue having been tried by a
jury not duly constituted before whom his application for
a mandamus came had not jurisdiction, and therefore the
verdict of such a jury was not valid. He brought error in
fact before the court, and submitted that the judgment of the
court below, founded on such a verdict, in fact founded on
a nullity,is erroneous and illegal. Ito contended that he had
no erroneous judgment to complain of until he brought the
fact before the Court, placed it on the record, and taken
their judgment on it, which made the error in fact error
in law. The judgment being erroneous and illegal, the
House of Lords ought, and were bound by the authorities
from the most ancient times, uniformally to that of O'Con-
nel and executors v. the Queen in Error, to reverse it. He
referred especially to Chief-Justice Raymond, 5 Term Rep.
453, where it was held, that after a special jury struck, the
cause appointed, where it
fs
stated m
"tost beprevent trie d by
mischiefthe fromjy
picking up talesmen ;"ur
and " supposing a design to have a packed jury the method
will be this :—A rule for a special jury, a jury struck, 24
returned, and those he will continue on the Distringas, till
he hath time and opportunity to mould them to his
aopur-
pose."
dpt in hed Exactly
"steha ca
et
Inesteh,otdo" which appears to have been
deprive the appellant of a
duly &Instituted jury by not summoning more than 10 of
those struck, omitting to summon eight, and having
there two tales jurors from Pimlico in attendance before 10
o'clock, the hour for which the special jurors were summoned.
The question was argued in the court below before two
judges. That this shows the mischief so much complained
of in Exchequer Chambers on 2d February, 186; in
"Kemp v. Halliday," of the recent innovation of only two
judges sitting in banco. He submitted that the error as-
signed did not contradict the record, which is silent as to
a special jury being struck, and that the matters assigned
as error were causes of error, and not mere irregula-
rities. That the record and judgment roll proved
how fallacious were the defendants' cases—printed
for their lordships' use—as well as the law reports, which
were the cause of the Exchequer Chamber's affirmance
of the erroneous judgment of the court below. He ad-
mitted that the judgment of the Lords must also affirm
the jadgment of the court below, if those printed cases
and the law reports of the case were accurate ; but the
judgment soil and record, by which their Lordships were
bound, proved their fallacies, which ho enumerated and
pointed out specifically.
Their Lordships, without calling on the respondent,
dismissed the appeal on the same grounds as the Court of
Exchequer Chamber affirmed the judgment of tho Court of
Common Pleas.

POLICE IN TELLIGEACE.—rhis Day.

BOW-STREET.

Harold Hirst, 26, who was brought before Mr. Flowers
last week on a charge of embezzlement, was again brought
up, charged with having forged two cheques for £7O and
£3O on the Union Bank of Loudon. A gentlomm from

the Bankers' Protection Society prosecuted. Mr. D. L.
MacAfco (instructed by Mr. Naters, of Cifford's-inn, ap-
peared on behalf of the accused. The prisoner was clerk
to Mr. Jones, solicitor, of New-inn, who proved that on
going to his bankers in the early part of this month he
found that two cheques, one for £7O, payable to a Mr. Hill,
and one of £5O, payable to a Mr. Lloyd, had been pre-
sented by the prisoner and paid. The cashier was also
called, and after his evidence was given Mr. Flowers re-
manded the prisoner for a week.

TIE IRD EDF rt ON

SUN OFFICE, 6 o'CLocic.

SPORTING INTEL LIGENCE.—This Day

VICTORIA CLUB BETTING. —Tins DAY

The attendance was a large one, yet, though book-
makers were loud in their offers to bet on the field for the
different forthcoming events, the actual business done was
not great. For the Grand National Steeplechase t here was
a rush on Shakespeare, who was backed for good money
down to 100 to 8, but 100 to 7 was obtainable at the close
about the Newmarket horse, who finished first favourite.
Neither Columbia nor Surney were in request, but Fan

found it customer, find several others, as quoted below
Fur the "Guineas" Julius was again in request, and Van-

ban, of the others, was most inquired after; while fur ti►e
Derby it was a mere point fur favouritis►n between The
Rake and D'Estournel, the former being to-day is better
odour.

LIVERPOOL STEEPLECHASE.
100 to 7 agst Shakespeare (taken freely)
100 to G agst Columbia (offered)
20 to 1 ngst Surney (offered)
25 to 1 agst Fan (taken)
30 to 1 Not The Plover (taken)
30 to 1 agst Rhodomontade (taken)
40 to 1 agst King Arthur (taken)
40 to 1 agst Silver Star (taken)

CITY AND SUBURBAN.
40 to 1 agst Brown Tommy (taken)

TWO THOUSAND GUINEAS.
85 to 20 agst Plaudit (offered—taken)
51 to 1 agst Julius (offered-6 to 1 taken)
500 to 35 agst Vauban taken)
10 to 1 agst Hermit (offered)
14 to 1 agst Marksman (offered)
20 to 1 agst Master Butterfly (offered)

DERBY.
9to 1 agst D'Estournel (offered)
9 to 1 agst The Rake (offered—take 10 to 1)
14 to 1 agst Plaudit (offered)
100 to 7 agst Dragon (taken and offered)
18 to 1 agst Marksman (offered)
20 to 1 agst Hermit (offered)
25 to 1 agst Julius (offered)
33 to 1 agst Mr.ster Butterfly (taken)
83 to 1 agst Vauban (offered)

Two MONSTRE SWEEPS OVER THE LIVERPOOL GRAND
NATIONAL STEEPLECHASE, drawn Monday, March 4th,
1867. 10,000 members at is each, and 3,000 members at
2s. 6d. each. Address, HARRY WILSON, Turf Herald Office,
Hull. Commissions executed on all races.

The Ensuing Week's Selection?.

NOTTINGHAM SPRING MEETING.

TRIAL STAKES (one mile).—" Bell's Life :" Bis-
marck, Volunteer, or Clarice. " Era :" Bismarck.
" Field :" Bismarck, or Volunteer. " Sporting
Life :" Bismarck. " Sporting Gazette :" Bismarck.
" Sportsman :" Bismarck, or Clarice.
STAND PLATE (half a mile).—" Bull's Life :"
Landlord, Lady Valentine, or Columbine. " Era :"
Landlord, or Lady Valentine. " Field :" Usher,
Qui Vive, or Landlord. " Sporting Life :" Qui
Vive, or Landlord. " Sporting Gazette :" Panta-
loon, Columbine, or Mr. Angell's best. " Sports-
man :" Qui Vive, Flying Jib, Lady Valentine, or
Landlord.

INNKEEPERS' PLATE.—g Bell's Life :" Bismarck
or Landlord. " Field :" Crown Prince, Contract,
or Sweet Anne. " Sporting Life :" Lady Pam or
Rustic Beauty. " Sporting Gazette :" Mr. Angell's
best. " Sportsman :" Crown Prince or Chapel
Royal.

MACARONI STAKES (two miles).—" Field:" Hugue-
not or Lidcote. " Sporting Life :" Huguenot.
" Sporting Gazette :" Greyfoot. " Sportsman :"
Mustang.

NOTTINGHAM SPRING HANDICAP (mile and a
quarter.)—" Bell's Life :" Vigorous or Sweet Anne.
" Era :" Beadle or Life Guardsman. " Field :"
Brick, or Vigorous. " Sporting Life :" Beadle,
Brick or Vigorous. " Sporting Gazette:" Fortu-
natus or Beadle. " Sportsman :" Helen, Fortu-
natus, or Beadle.
GREAT ANNUAL HURDLE RACE (2i Miles.)—
Fan, Surney, or Fortunatus. " Field :" Fortunatus,
Surney, or Lord Burleigh. Sporting Life :" Fan.
" Sporting Gazette :" Fortunatus or Fan. " Sports-
man :" Fortunatus, Dean Swift, or Fan.