The Sun.
London, England, 1859-02-25 00:00:00

COURT OF COMMON PLEAS.

(Sittings at Nisi Prius in London.—Before Lord
Chief Justice Cockburn and a Special Jury.)
HUGHES V. MACNAMARA AND ANOTHER.-OMNIBUS

ItIVALIY
The declaration in this case charges that the
plaintiff, being an omnibus proprietor, carrying on
his business upon the road from Islington to
Brompton, the defendants entered into a conspiracy
to annoy him in his business, and to ruin him; and
that they put omnibuses just before and behind
so as to deter people from entering them, and to
prevent the plaintiff from having a fair use of the
highway ; that they drove and placed their omni-
buses before, upon, and against the plaintiff's
omnibuses and servants in such a manner as to
harass, damage, and injure his servants and omni-
buses, and to prevent the doors being opened ; that
the plaintiff was so obstructed in his business that
he was obliged to abandon it. There was a second
count similar to this, except that no conspiracy

was charged.
The defendants p'eaded not guilty.
Mr. Knowles, Mr. Edwards, and Mr. J. Br( -n
appeared for the plaintiff; and Mr. Sergeant l3ah
lantine, Mr. Hannen, and Mr. Poland for the

defendants.
Mr. Knowles, in opening the case, said that the
plaintiff sought to recover damages for an injury of
a somewhat peculiar description; he charged the
defendants with combining between themselves and
with other people to injure him in the exercise of
his lawful trade by resorting to means which he
trusted the law would say were. unlawful. It was
unimportant Case, for though it seemed immediately
to affect the plaintiff only, yet when the case was
proved the jury would see that the conduct of the
defendants went to the root of everything like fair
competition in the line of life in whilst,. the plain-
tiff was enfraged ; and if the defendants and those
who acted with them were to be encouraged and
supported in the line of conduct that they had pur-
sued, he kacw not how any man could be fairly-
said to be sure of his existence as a tradesman. The
plaintiff had his stable in White Lion-street Isling-
ton, and his omnibuses started from the White Lion
some distance beyond the Peacock, from whence
the company's omnibuses started. As soon as one
of •the plaintiff's omnibuses appeared, somebody
who was on the watch at the corner of White Lion-

street, gave a signal to the company's timekeeper,
who communicated with the omnibuses of the com-
pany, that stood on the other side of High-street,
Islington. The course that followed was that one
of the company's omnibuses got to the White Lion
before the plaintiff's omnibus, which was, conse-
quently, obliged to take the second turn. A
third omnibus belonging to the company then
came up, so that the plaintiff had an enemy
behind and before. The police regulation Wag
that a single omnibus was allowed to star fl_Tle
.
minutes, but three were not allowed to stay at all.
The police would order the first two on,:_o
the plaintiff was deprived of the privil,e,f
omnibusese i
thatta y _
ing any time at all. The comp /
glen "nursed" his along the road
ao a profit which
arilhe plaintiff,
in the early part of the affair,
112aach omnibus. On
rose in June to £4 a week
"company's omnibuses
the 14th June twelve of
were directed to run
The plaintiff's receipts
alttli.lethe way to Brompton,
instead of to Sloane-street.
the middle of June, and
declined, and in .September they were £27 a week
less than they had been in .
the plaintiff w
ho asked for compensa-
tion-as obliged to give up the business.
Under these circumstanceslilearned counsel said he
in damages.
that they were to
understood that the deefendants had a crowd of
witnesses, and he
.understood,.b
.wenty-four. (A laugh.)
prove that the plaint,iffts four own uses actually
ninPeiatnhYers hislordship nor the jury
"twoed''
He trustedthethaeot
would grudge their time and attention now that
the plaintiff had the means of grappling with what
had been a great nuisance, and might strike a blow
which would lay the system prostrate. He trusted
that the verdict of the jury wo'ild put an end to
what he contended was a great monopoly, and
contrary to law.
The plaintiff's counsel then proceeded to - call
evidence in support of his case, and it was stated
that the trial was likely to last several days.
A consultation between the parties, however,
took ;place in the course of the day, and it was
arranged that a verdict should be entered for the
plaintiff for £4OO.

SIERRA LEONE.—A return has been sent in to
the House of Lords of the names of the various persons
holding official appointments in the colony of Sierra Leone,
with their salaries, and the quota thereof paid by the Go-
vernment and by the colony. It fills 21 pages of petty
detail, the precise object of prinking which, at the cost of
the nation, is not patent.

CANTERBURY HALL, Westminster-road.—
Proprietor —C. MORTON.
The public is most respectfully informed that the FINE
A RTR GALLERY, in connection with the above Hall, IS NOW
OPEN DAT AND NIGHT, from 11 o'clock a.m. until 12
o'clock p.m. The New Gallery contains an extensive Collec-
tion of Pictures, by Ancient and Modern Masters :and is also
devoted to Art productions generally. The Proprietor feels
he may confidently assert that, viewed altogether, the exist-
ing Music Hall, the New Fine Arts Gallery, and the recently
added Ante-Hall, will present an attraction which, whether
as regards the architectural beauty of the structures them-
selves, or the varied and hitherto unattempted combinations
within, will be found to be wholly without parallel in the
Kingdom.

The MIIsICAL ENTERTAINMENT COmmences as usual at
Seven o'clock.
- _

In addition to the usual entertainment. the SAUVLET
FAMILY, of Amsterdam, Eight in number, whose varied
instrumental performances have created so marked a sensa-
tion in the principal cities and towns of the Continent, will
perform every Evening► at Nine and Eleven o'clock.

THE WEATHER.—SUN OFFICE, FEB. 25.
THERMOMETER, IN THE SHADE.
52—highest since noon yesterday.
40—lowest this morning and during the night.
52—this day at noon.
BAROMETER-30'35.
WIND, South-Westerly ; light, and very fine weather.

Lord PALMERSTON must surely be hard up, when
he is forced to become his own coachman. What
—cannot even a CARDWELL be found, to take the
reins for him, and let him harangue, if harangue
ho mast, from his comfortable open carriage. Ex-
Premiers have not of late been openly in the van
of an attack on a rival Government. A ROEBUCK
or a MILNER GIBSON (in Lord PALMERSTON'S OWII
case last spring, Mr. CARDWELL) has been commonly
found to lead the charge. There is an obvious pro-
Pliety, a pleasant, almost a chivalrous courtesy
ab°l4 this arrangement. It is a kind of refinement
which we arc by no means prepared to despise, that
some one unattached, some one not likely to be a
place•holder in a new Ministry, should take the ini-
tiative in these really hostile movements. It may
be said, perhaps, that as the ex-Premier would still
be the principal speaker, he may well make his own
motion. Not exactly so. Long may the good-
breeding distinguish us from Ya k •
ees,whick shrinks
from direct canvassing for office. There is something
in the way of doing a thing—a something.,too, in the
mere way, which distinguishes the gentleman from
the bully, the clown, and even from the undrilled
man ;and we do earnestly hope that in proportion
as our House of Commons becomes more democratic,

the thorough English gentlemen who belong to it
will put forth the whole force of their example and
influence to preserve a high tone of political as
well as of social good breeding within its ;ails.

We regret, therefore, to see a veteran Minister
and ex-Premier depart from the course prescribed
by modern practice. It is not for the man who
has been at the head of a Cabinet, who would like
to re-occupy such a post, and whose name is at least
on the cards, to be first in his own cause—not for him
to say so openly, " Do turn out and let me come
in." It looks, even is a public servant of threescore
and fifteen, a little immodest. Besides it seems as
if a leader were without a single friend of note
among the independent members. Rarely is it the
case that any cause, or any motion which would
not find some vigorous supporter amongst the In-
dependents, can deserve general support. We have
peace men and war men and crotcheteers of
all sorts, amongst the small knot who
will connect themselves with no Ministry,
and it is strange when the particular
point which an ex-leader wishes to press
can find favour with none of the office-shunning
band. Even could no coachman for the night be
found ready among them to take a fare, one would
have thought a subordinate, though avowed Pal-
merstonian, small as that clique now is, would
have looked better on the box than the noble lord,
who is so obviously driving for Downing-street.
As to the pretence that he does not mean seriously
to interfere with the work of the evening, every
one knows what it is worth. If Lord PALMERSTON,
indeed, should find that the feeling of members
generally is against his factious self-intrusion, we
believe that then he will make short work of it—
just, possibly, back out altogether. That, however,
is not his drift. He wants to perplex the Ministry.
He would like to rake up everything, little and
great, in their foreign administration, and consign
them to contempt. He would like to make a mess
of the Reform Bill announcement for Monday
night—an announcement of which the country
thinks ten times more than it does of Lord PAL-
MERSTON and his foreign policy. Lord PALMER-
STON does not want a dissolution on a Reform
Bill, or on any question of domestic policy.
He had to quit office, at the instance of
a peace-man too, for not sustaining the coun-
try's dignity on a question of foreign policy !
—and sweet, very sweet, would it be to him to
eject Lord DERBY and Lord MALMESBURY on
the same general grounds which turned out Lords
PALMERSTON and CLARENDON. He cannot
succeed. We rather expect that he will have
found by this time that he is going against the
wishes of all but his own little set, and that he
will have toned himself down to something like
propriety by this evening.
What, indeed, can he expect ? The to quoque
of his opponents of all classes must be fatal to him.
The man who was first to caress the originator of
the present warlike appearances, while his hands
were yet red with. the citizen blood of the coup
d'etat ; the man who, on the part of England, made
the shabby Peace of Paris ; the man who left office
while coquetting with Austria, and while our
innocent Gives Anglicani were still half mad in
the dungeons of Naples; the man who bad to
submit to dishonour from the great " nigger"
Republic ; the man who, while the EMPEROR was
playing the slave-trader and grossly maltreating
Portugal, was enacting the Adonis of seventy-five
by his side in Compiegne—this is not, surely, the
man to assail his successors in affairs of foreign
policy. If he does, we only hope Mr. ROEBUCK,
or some equally independent man, will make his
ears tingle with his own servile misdeeds.

Precisely at the moment when it was most
wanted—in the very nick—appeared, as we ob-
served yesterday, the long-looked-for report of the
Commissioners appointed to inquire into the
Manning of the Royal Navy of England. This
important document has now been presented, by
command of Her MAJESTY, to the Houses of Par-
liament. The information afforded by it, in a
most succinct form, will be especially acceptable to
the members of the lower house, now that the
Commons await the revised scheme of the maritime
estimates about to be submitted to their considera-
tion by Sir JOHN PAKINGTON. A clearer
appreciation of those increased estimates—of the
advisability, nay, of the imperative necessity of
their increase—will be conveyed to the minds of
the most rigid economists in the Legislature from
a scrutiny of this most authoritative report from
the hands of the Royal Commissioners. After a
perusal of its pages, the Commons will be better pre-
pared to take at once into account the propositions
of the First Lord of the Admiralty. Nothing in
any way affecting in an important manner this
really vital question as to the Manning of the Navy
has escaped the attention of the Commissioners.
These noble and gallant, honourable and right
honourable scrutineers of the service, will be found
to
,have especially directed their 'regard, under
separate headings, to the Continuous Service
System, to the mode of Manning the Navy in
time of Peace, and to the Reserve in the Home
Ports really deemed to be requisite. The
total expense of the additions recommended
by the report is given at very little over
£loo,ooo—in all, £104,671—f0r improvements in
the peace establishment : namely—over £6,000 for
pay and pensions for gunnery—over £6,000 for
petty officers' badges—nearly £16,000 for instruc-
tion and training ships—more than £14,000 for
mess utensils, clothes; and bedding almost
£20,000 for pensions of warrant officers'
widows and something more than £42,000
for increased allowances of provisions. Be-
yond this is a much more important total
for additional Reserves in the Manning of the
QUEEN'S Service and the Merchant Service. The
distribution of these £598,821 being as follows :
£200,000 for 25,000 royal naval volunteers-20,000
in home and 5,000 in distant voyages ; £45,625 for
5,000 short-service pensions (marines) ; £132,000
for 4,000 reliefs in home ports ; and £116,525 for
2,000ng
overi 7 o
additional Coastguardsman ; making alto-
gether, as we have shown, a grand total of some-
-o,ooo—adding the increased expense
necessitated by those additional reserves to that
resulting from the proposed improvements in the
Peace Establishments. The two combined making,
in fact, just---£703,492. The Commons, we rest
assured, will not be niggardly in responding to the
increased estimates about to be laid before them by
Sir JOHN PAKlNGTON—estimates based, among
other things, upon the well-considered suggestions
of the Royal Commissioners. Let us take as n
happy augury of the new energy about to
b:
thrown into the war department generally, the
knighthood conferred yesterday by the SOVEREIGN
upon the distinguished inventor of the rifle cannon,
now Sir GEORGE ARMSTRONG.

The Marquis and Marchioness of Salisbury
entertained at dinner, on Wednesday evening, at the family
mansion, Arlington-street, the Duke and Duchess d'Aumale.
The following were invited to meet their Royal Highnesses :
The Duchess of Inverness, his Excellency the Prussian
Minister and the Countess de Bernstorff, the Earl and
Countess of Hardwicke and Lady Elizabeth Yorke, the
Earl and Countess of Clarendon and Lady Constance Vil-
liers, the Earl of Ellenborough, Count BrandenbUrg, Vis-
count Canterbury, Lord Stanley, Lord John Manners, Lady
Cowley, Colonel the Hon. P. W. Talbot, and Mr. Hastings
Russell, M.P., and Lady Elizabeth Russell.

LATEST NEWS.

THE BOINIBA.Y MAILS.

[BY ELECTMIC TELEGRAPH.]]

SOUTHAMPTON, FRIDAY MORNING.

The steamship Ripon, Captain Munro, bringing
these mails, has arrived. She left Alexandria on
the 11th inst. ; Malta, 15th; and Gibraltar, 20th.
The Ripon brings 69 passengers, £1,210 in specie,
1,648 bales of silk, and 12 cases of shawls, &c.
She spoke the Sultan, steamer, on the 21st, off
Mafra, and Ceylon, on. the 22d, off Cape Finisterre.
The Spanish schooner Francoli put into Gibraltar
on the 15th, with damages from collision with an
unknown bark, off Mazabella, on the previous day.
One man hurt by the collision.
Her Majesty's troopship Perseverance, from
Portsmouth, arrived at Gibraltar on the night of
the 12th, and proceeded to Malta on the evening of
the 14th.

The Sardinian brig Alfieri, at Gibraltar, from
Buenos Ayres, passed the British transport Col-
grain, with troops, from London for Madras, Dec.
29, in lat. 20 S., long 28 E.
Gibraltar exchanges on London 501- ; Paris,
=
526 ; Marseilles, 528; Genoa, 529.

The following telegrams have been received at
Mr. Reuter's office :

HANOVER, FEB. 24.

The Second Chamber has unanimously resolved
upon requesting Government to obtain from the
Federal Diet resolutions, calculated by their una•
nimity and energetic execution to avert the
threatening danger of 'war ; but if necessary to
repel with united Federal power attacks on Austria
or Germany.

CORFU, FEB. 19.
The lonian Parliament has rejected the projects
of reform proposed by Mr. Gladstone.
Mr Gladstone has taken his departure from
Corfu.

BARI, FEB. 18.
The improvement in the health of the King

continues.
The Count of Syracuse is here.

TRIESTE, FEB. 24.
Advices have been received from Constantinople
to the 19th.

Ismail Haki has been appointed commander of
the corps d'armee which is to be reunited at Widdin
and Nissa. Troops will be despatched the day
after to-morrow to Silistria. A concentration of
troops will also take place on the Greek frontiers.

Numerous arrests of Christians have taken place
in Thessaly.

ATHENS, FEB. 19.
Government has asked for a credit of two millions,

MALTA, FEB. 24.

The barque Johanna, of Belfast, Bennett, master,
struck, on the 3d January, on Baraguay shoal, in
15 N.-lat., 95 E. lon. The crew were saved.
The Grand Duke and four Russian vessels had
arrived at Malta.

FRANCE.

PARIS, THURSDAY.

Lord Cowley left Paris this morning for Cologne,
to meet there the English Ambassador to Paris,
who on his side proceeds from London to Vienna.
The Patric says—" Tho departure of Lord
Cowley for Vienna has been, yesterday and to-day,
the subject of much commentary. Public opinion
has given to this mission a great importance, and
we believe that it is right. Without -wishing to
exaggerate the importance or to prejudge the results
of the mission, we cannot but consider this movement
of English diplomacy as showing a renewed tendency
on the part of the British Cabinet towards the
policy of that of the Tuileries. For our own part,
we have never doubted such a tendency, which
responds to all the principles as well as to all the
interests on which the English alliance is founded.
Assuredly the most fortunate, as the most logical,
character of this alliance would be that it should
protect in Italy the civilisation and the independ-
ence of nations and the security of Europe, as it
already has in the East and throughout the
world."

A Council of Ministers, at which the Emperor
presided, was held yesterday at the Tuileries.
Prince Jerome was present.

BOURSE, Feb. 24.—The market was again very
buoyant at the opening, but prices afterwards
gave way in consequnce of sales for realisation.
Threes, after having been done at 68f. 70c., re-
ceded to 68f. 40c. Mobilier varied from 790 f. to
782 f. 50c.; Austrian, 545 f. to 540 f.; Orleans,
1,327 f. 50c. to 1,322 f. 50c.; Lyons, 840 f. to 837 f.
50c.; Southern, 520 f. to 517 f. 50c. The following
were the last quotations :-
41 per Cents. .... 98 10 Credit Fancier 645
Do. end month .. 98 10 I Belgian 4L
3 per Cents 6B 65 Piedmontese (5) .. 82
Do. end month 6B 65 Roman BB 50
Bank Shares 2890 Austrian
Credit Mobilier .. 790 Spanish Threes
Do. Account ..... 792 50 Home Debt 4O 2.5

TAU'.
1,741110k4 >4 -
thittitanuitil I'N • 3w) :is-
, .

THE SUN.
FRIDAY. FEBRUARY 25, 1859.