The Sun.
London, England, 1866-02-10 00:00:00

TUIE SUN, LONDON, SATURDAY EVENING, FEBRUARY 10, 1866.

LAW INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius before the Lord Chief Justice

and a Special Jury.)
CAMPBELL V. ,LORD WENLOC K.

This was an action for a breach of contract
brought by Colonel Fiztroy Campbell, against the
Right Hon. Lord Wenlock. The declaration stated
that the defendant took from the plaintiff a fur-
nished house at 49, Eaton-place, for a period of
three months, commencing on the 22d April last,
the rent being 500 guineas for the quarter, and left
before without notice.

39 8j 9

Mr. Huddleston, Q.C., and Mr. Stretton, were
for the plaintiff, and Mr. Bo vill, Q.C., and Mr.
Karslake, Q.C.. for the defendant.
From the opening statement of counsel it ap-
peared that in February last the plaintiff called on
Mr. Douglas, a house agent, in business in the
neighbourhood of Be]grave-square, and stated that
he required a furnished house in London for three
months. Mr. Douglas informed him that there
was a house of Colonel Douglas's, which was then
occupied, but would be vacant on the 22d of
April, and Lady Wenlock and her daughter
were permitted by the tenants to inspect the
house. In the early part of February the plain-
tiff wrote to Mr. Douglas, saying that he
approved of the house,
,but that he wished to see
the apartments. He was allowed to do so, and he
suggested that there would be some alteration in
the servants' room required, but ultimately he con-
sented to the agreement, and his butler and other
servants took possession of the house on the 23d of
April. His lordship and family arrived on the
28th. Mr. Abbot, the plaintiff's butler, expressed
himself dissatisfied with the size and the accommo-
dation of the house to Mr. Douglas's clerk, and
also said it was usual to give a commission on
taking a house. He was told that it would
not be given in the present instance, but
ultimately he was offered a sovereign in respect to
some stables at the rear of the house which the de-
fendant required. The servants after this told his
lordship that the house was swarming with bugs,
and he removed the day after his arrival to the
Clarendon Hotel with his family, but the servants
remained for a few days longer. His lordship in-
formed Mr. Douglas of the representation that had
been made to him, and the latter proposed to send
some men to examine the beds and apartments
generally, but his lordship would not consent. He
then refused to fulfil the engagement, and
a correspondence ensued between him and the plain-
tiff, but without any arrangement having been
effected. It further appeared that the house had
been examined by some of Mr. Douglas's men after
his lordship's servants left, and no traces of the ver-
min question were discovered.
John Laurence, who was in the employment of
Mr. Douglas, deposed to some of the facts in the
preceding narrative, and it further appeared that
there was no written agreement signed by the
parties, but that his lordship stated he would not
avail himself of any benefit to his case from that
circumstance. By the parole agreement between
his lordship and Mr. Douglas, it was arranged that
the former might sub-let the house during his term
if he felt so disposed, with the permission of Colo-
nel Campbell. That permission was given, but his
lordship declined to act upon it, on the ground that
he was no longer a tenant of the plaintiff's.
[The case was not concluded when we went to
press.]

t.Bl I

964 7}
36

1251 6
9f
59• i I
137 Silt

121} 4 i
6¢

P
72

74 3}.

100 f 100

1,211
46 5i 7 5â 7 6

49 8
4i
401 301 40
37e
1.21 31

99} 81

SHERIFF'S COURT.
(Before Mr. Commissioner Kerr.)
A CHOICE OF LAW.-STONES V. HENDERSON.

,ITIES.

This was an action to recover £ll ss. for a quan-
tity of crinoline steel, defendant having paid
£4 13s. 9d. into court, and pleading never indebted
as to the remainder.

Mr. Lewis, sen., of Ely-place, for the plaintiff,
called witnesses to show that an order had been
given for a large parcel of crinoline steel, under a
sample, and that defendant, after receiving it, had
broken the bulk, accepting a portion and returning
the rest to plaintiff in such a state as to be unfit for
use.

For the defence it was sworn that all crinoline
steel had to be subjected to a certain process before
it was put into the skirts, and that after this parcel
had gone through the necessary ordeal a large por-
-881 tion proved unfit for use, and was returned in good
condition to plaintiff.
His Honour said that he was inclined to believe
defendant's case ; but Mr. Lewis might have a non-
-96
suit, and bring his action before a jary in the
Mayor's Court, if he were so minded.
1051 f Mr. Lewis said he would do so.

His Honour—Then I will nonsuit the plaintiff,
and order the money defendant has paid in to be
returned to defendant.

Mr. Lewis thought that was hardly fair, as de-
fendant at all events admitted owing £4 16s. 9d.
In the superior courts, when money was paid in, a
plaintiff was nonsuited, and still had that money.
His Honour thought as the parties were going to
begin in another law court all over again defendant
was entitled to be able to pay in the money to that
court, and plead in the usual form as to the remain-
der. The parties had chosen their law, and plaintiff
would be nonsuited, defendant having costs.

20i I

The old report that Mr. Tennyson is busily en-
gaged upon a classical subject has been revived.
Many of our readers may remember that some four years
since a similar statement was put in circulation which was
gradually varied until the poem in preparation was said to
relate to " a very early period of British history." The
coming poem, as in the case of " Enoch Arden," will not
improbably be on a very different subject from that
guessed at.
BARNUM'S Go -AHEAD-ITIVENESS !—" When the
laying of the Atlantic Telegraph was nearly completed, I
was in Liverpool. I offered the company .£,lOOO sterling
($5,000) for the privilege of sending the first twenty
words over the cable to my Museum in New York—not
that there was any intrinsic merit in the words, but that I
fancied there were more than $5,000 worth of notoriety in
the operation. But Queen Victoria and Old Buck' were
ahead of me. Their messages had the preference, and I
was compelled to ' take a back seat.' "—Barnum's Humbugs
of the World.

The Methodists are fast recovering the ground
lost by them when the Southern wing seceded.—
In Louisiana and Texas more than 20,000 coloured
Methodists have broken off their connection with
the Southern Methodist Church and joined the
Northern Church. Bishop Thompson, organised in
December, in New Orleans, the Mississippi annual
conference of the church, which already numbers
17 preachers and over 22,000 members. A Biblical
Institute has been opened in the city of New
Orleans, and a new church organ. The New Orleans
Advocate has been started by the Rev. Dr. J. P.
Newman. In Kentucky 25 ministers of the
Southern Methodist Church, with about 5,000 of
the white members, have declared their intention
of joining the Northern Church. The coloured
congregations either have already taken the same
step, or intend soon to take it. In Georgia the
Rev. Mr. Caldwell, a member of the Georgia
annual conference, is now labouring as a missionary
of the Methodist Episcopal Church.
There are about eighty Americans spending the
winter in Berlin, Prussia, chiefly students. They
have Sunday worship together. The ministers who
officiate are Mr. Dennisten and Mr. Hepburn, Pres-
byterian ; Mr. Stuckenberg, Lutheran ; and Mr.
Simon, Mr. Mead, and Mr. Gage, Congregation-
alists.

PRESIDENT JOHNSON AND THE BAGDAD AFFAIR.
—Tbe Times correspondent says the recent lawless-
ness on *the Rio Grande is regretted in the United
States. Our people sympathise with Juarez ; but
overriding all their sympathies, there is an intense
desire for peace. They would sacrifice even their
sentimentalism to maintain friendly relations abroad,
and while they gave their sympathies full flow so
long as no overt act was committed that would im-
peril peace, when the act came it was deeply re-
gretted. They did not wish or expect it. A
partisan press applauded it, but President John-
son knew better than the newspapers the real feel-
ing of the country when he ordered the apprehen-
sion of.R. Clay Crawford and his band, commanded
General Sheridan to investigate the matter, and
discover who was at fault, and again ordered the
strictest observance of neutrality. The country
will support no man or no party, however popular,
in a new war, but it will support any man or any
party that maintains the peace,

POLICE INTELLIGENCE.—This Day.

BOW-STREET.

ASSAULTING A MEMBER OF PARLIAMENT.—Henry Ring-
sell was placed at the bar charged with assaulting Sir
Lawrence Palk, M.P.
From the evidence it appeared that the Commissioner of
Police had placed some additional constables at the foot
of Westminster-bridge to protect the foot-passengers cross-
ing the road from Parliament-street to New Palace-yard
from the stream of vehicles constantly coming from the
south side of the water, and visa versa. Yesterday after-
noon the prisoner was driving a cart at a slow pace along
Bridge-street towards the crossing above-mentioned,
when the police-constable observing Sir Law-
rence Palk about to cross the road on his
way to the House of Commons, he put up his hand to
signal the prisoner to pull up before he came to the spot
This he refused to do, and as Sir Lawrence had full pos-
session of the road, and was full half way across, the hon.
member narrowly escaped being run over by the prisoner
disobeying the directions of the constable. A scuffle took
place, during which Sir Lawrence Palk received a violent
blow from the whip the prisoner held in his hand. He
was accordingly taken into custody, and charged by the
hon. member with assault.

The prisoner said he was going at a very quiet pace,
and that before he could pull up the constable took hold of
the horse's head, upon which he remonstrated with him.
The injury the gentleman had received was purely acci-
dental.

Mr. Flower said it was of the utmost importance that
great care should be exercised at the crossing at the foot of
Westminster-bridge, especially at this time now that Par-
liament was sitting. The Commissioners of Police bad
done all in that way in their power, by stationing addi-
tional constables to control to a certain degree the vehicles
passing over the bridge. It was of importance that order
should be maintained, and Sir L. Palk had been assaulted
by the prisoner whilst he was in dispute with the cabman.
He should fine him 205., or 14 days' imprisonment.
The fine was paid.

Giovanni Ree, a foreigner, residing at 6, Seymour-street,
Euston-road, was placed at the bar on remand, charged
by Monckton, an officer of the F division of police, on
special duty at the Charing-cross Railway, with loitering
about the station for an unlawful purpose. The officer
said he had observed the prisoner at the station for the last
four or five weeks upon the arrival of the Continental
trains, and seeing him go up and accost several foreigners
during that time, he felt it his duty to ascertain the
business which called the prisoner to the station. He spoke
to him on the subject, when he seized him by the collar
and tore his coat. On searching him he found five purses,
each containing coin amounting in the gross to £3, a gold
watch, and other property. The prisoner said it was a
freak of his to carry the purses, and that he was only at
the station to see whether any of the passengers arriving
from the Continent were known to him or not.
Mr. Flower said it was curious that a person should carry
so many purses. He, however, should only fine him 10s.
for the assault on the officer and 10s. for the damage to the
coat.

The prisoner said he would not pay the fine, as he would
not encourage robbers.

MARLBOROUGH-STREET.

SYSTEMATIC BREAKING OF JEWELLERS' WINDOWS AND
WHOLESALE ROBBERIES.—Wm. Carr, a young man, de-
scribed as having no home, was charged before Mr. Knox
with breaking a pane of glass of the value of £l5, the
property of Mr. D. Cave (formerly with Messrs. Hunt and
Roskell) jeweller and silversmith, No. 127, Mount-street,
Grosvenor-square.
Mr. Wm. Charles Rann, assistant to Mr. D. Cave,
jeweller and silversmith, of 127, Mount-street, said that
yesterday evening about six o'clock he was in the shop
with another assistant, when he was alarmed by hearing
a heavy rumbling noise, and finding the brick (produced)
had been hurled through a large pane of glass. On
attempting to open the door he at first thought some per-
son was holding it so as to prevent it being opened, but after
getting it open, he found that the door had been fastened
to some railings outside. On getting outside he saw the
prisoner, and on seizing him he asked why he was stopped
as he had done nothing, the prisoner being at this time
inside some railings attached to the house. With the assist-
ance of another person he took the prisoner into the shop,
and a constable was then sent for, and he was given into
custody. On examining the window it was ascertained
that diamonds of the value of £5OO had been abstracted,
no doubt by an accomplice of the prisoner, there being
at the time diamonds of the value of £3,000 in the
window.

Mr. Knox remarked that it was a serious case.

Police-constable Jones said that, on taking the prisoner
into custody, he said that he got his living by singing, and
that having nothing to do was the cause of doing what he
had done.

Mr. Knox remanded the prisoner.
It may be remembered that Mr. Pyke, jeweller, New
Bond-street, had a similar robbery committed at his house
a short time ago, the property of which, £3OO value, was
carried off, and there is little doubt by ono of the same
gang. It therefore behoves jewellers, and persons having
valuable stock in their windows, to exercise great caution.

Fatal Accident on the Great Western

Railway.

BY ELECTRIC TELEGRAPH.

A frightful accident occurred on the Great
Western railway near Leamington this morning at
7 20. A goods train having run off the line dur-
ing the night. While the single line was being
worked, three platelayers, named John King,
Daniel Giles, and John Bister, ignorant of this
fact, were -fis orking on the line at the time. The
712 train came up. King was killed on the spot,
Giles was so injured that he died shortly after-
wards, and Bister escaped with comparatively
slight injuries. _

MARKETS,---This Day.

COVENT GARDEN.

Considering the time of year the supply of both fruit and
vegetables at our market to-day was good ;on the whole,
the trade ruled steady at our quotations.
FRUIT—Pine apples, 8s to 10s; hot house grapes, 8s Od to
lOs ; foreign do, is to 2s 6d ; filberts, is Gd to 2s Od per lb ;
apples, 2s Gd to 3s 6d per half sieve ; oranges, 4s Od to 8s ;
lemons, 3s 6d to 7s per 100.
VEGETABLES—Red cabbages, 2s Od to 3s Od; white do.,
6d to is Od; Savoys, 6d to is 2d; celery, 10d to is 6d;
horseradish, is to 2s Od per doz. heads ; greens, 3s Od to 4s
Od ; turnips, is 6d to 2s Od ; carrots, 4s 6d to 5s 6d i • onions,
is 9d to 2s 6d per doz bunches ; brocoli, 8d to 10d; forced
rhubarb, Os 6d to is 3d per bundle ; Brussels sprouts, is
6d to 2s Od per half sieve ; seakale, 2s Od to 2s 6d ; and
mushrooms, 9d to is 3d per punnet.