The Sun.
London, England, 1859-10-03 00:00:00

more particularly on account of the Europeans who
have remained behind; but there is a hope that they
will avail themselves of the opportunity of embark-
ing on board a Spanish steamer which left this bay
for Mazagan on Sunday, for the pur-pose of convey-
ing a new Spanish vice-consul there ; which steamer,
it is probable, must have already returned to Alge-
ciras.

"10 a.m.—The Spanish steamer has just re-
turned after a passage of 24 hours from Mazagan.
She reports that, fortunately, the Kabyles did not
renew their attacks since the evening of Friday,
when they were repulsed. It is to be hoped that
the Sultan is by this time acquainted with what
has taken place, and that he will send 1,000 or 2,000
men to chastise the Moors of Ducala."

EXTRAORDINARY SCENE IN A
COUNTY COURT.

The following extraordinary scene is reported to
have taken place at the Bow County Court on Sa-
turday, arising out of a judgment summons in the
case of " Sorrell v. Bishop," Serjeant Storks being
the judge.

The plaintiff was a clothier, in High-street, Bow,
who had recovered £4 13s. 6d. for goods supplied
to the defendant, an examiner in the West India
Docks. Defendant did not appear.
Mr. Dillon Webb, of Cary-street, for the plain-
tiff, asked for the commitment of the defendant to
prison.

The Judge—lt is an abominable system, this
system of imprisonment for debt. I hold the system
to be dishonourable ; and it is fast becoming a penal
punishment. It is attaching a criminal punish-
ment to the non-performance of a civil contract.
Imprisonment for debt is a great thing for the profit
of the agent, who holds the liberty of the subject
in one hand and asks for the money with the other.
I have a great objection to sending a British sub-
ject to gaol. The legislature had almost abolished
imprisonment for debt; but they are a cowardly
legislature, a cowardly lot, and they have not done
it. The bill was introduced hurly-burly in the house
of parliament.

Mr. Webb:—Your Honour has already intimated
that you will not commit unless fraud is shown. I
can show fraud in this case.

His Honour—l have laid down no rule. I say I
am opposed to imprisonment for debt; it leads to
no good whatever.
Mr. Webb—Your Honour is simply a county
court judge, and must administer the law as you
find it. You cannot exercise legislative functions.
His Honour—That is an easy mode of logic.
Mr. lVebb—Until the question is decided by the
legislature your honour is bound to commit in cer-
tain cases.

His Honour—That is begging the question. I
believe, from the marginal note to the section of
the act of parliament, that
,it was the intention of
the legislature to do away with imprisonment for
debt. It has been done away with in the superior
courts, and why not be done away within the petty
courts of law ?

After a very animated and somewhat personal
discussion between the judge and the solicitor, the
latter gentleman said—This defendant has the
means of paying, but will not pay. The intention
of the legislature will become inoperative if the
plaintiff has not some remedy against his debtor.
His Honour—It will become inoperative as far
as the exercise of the power of committing goes.
In two or three cases I have already refused to
commit, and you can go to the Court of Queen's
Bench for a mandamus.

The plaintiff' was then examined, and stated that
the demand was for £4 13s. 6d. for clothes sup-
plied to defendant, who had a salary of £l3O a
year.
Mr. Webb—As the law now stands you are
bound to administer it. Defendant was erdered to
pay this debt by instalments, and three times have
judgment summonses been taken out, and when
orders for commitment have been made the arrears
have been paid up.

His Honour—lmprisonment for debt is against
the spirit of the age. You can go to the court
above. I have a great responsibility thrown cn me.
Mr. Webb—The responsibility is thrown on you
to commit this person to prison. He has means of
payment, and you arc bound to commit.

His llonour—Then you can apply to the Court
of Queen's Bench for a mandamus, and I will make
a special return to it.
Mr. Ycarlar, an officer of the court, proved that
the defendant was in the habit of getting drunk
nearly every night.
Judge—What have I to do with his habits ? The
power to arrest ought not to exist in the age we
live in. If done away with, it would affect the
business of this court.

Mr. Webb—Yes, when people found they need
nut pay they would soon get into debt. (Laughter.)
His Honour—The legislature have spoken with
great authority on the subject. Am I to commit be-
cause the man is in the habit of getting drunk ?
(Laughter.)
Mr. Webb—Your honour refused on the last
court day to commit any person, and there are to-
day 60 judgment summonses to be heard.
His Honour—l will get rid of the 60 persons on
the same principle at once if you like. I shall not
commit.

Mr. Webb applied for the return of the hearing
fees ; but his Honour said that was " rather sharp,"
and refused to make any order.
In another case the plaintiff said—lf your Hon-
our does not commit to prison, what is the utility
of coming here ?
His Honour—No utility at all. Ido not mean
to send people to prison any more.
Plaintiff—What will become of my money ?
His Honour—You will probably never have it.
Plaintiff—Do you call that justice ?
His Honovr—l have laid down a general prin-
ciple, and I am that principle. (Loud laughter.)
The legislature has taken away the power of im-
prisoning for debt.
In a third case his Honour again refused to com-
mit, and plaintiff exclaimed—How shall I get my
money ? What shall Ido ?
His Honour—Go without. (Laughter.) The
gaoler is not going to have defendant's carcase.
In no case was an order for commitment made.

SHOCKING OCCURRENCE AT BIRMINGHAM,—
At three o'clock on Saturday morning a frightful tragedy
took place in Dale-end, Birmingham, a part of the town
Much frequented during the Michaelmas fair. It appears
that at the above hour a party of men and a number of un-
fortunate females were turned out of the public-houses in
the neighbourhood, and shortly afterwards they commenced
fighting in the street. The noise attracted the attention of
the police, and on the officers going to the spot nearly the
whole of the men and women ran away, and 'they found
lying on the pavement an unfortunate young man
named Dutton. On lifting him up it was found that he
had been mortally stabbed in the groin, and before medical
aid could be obtained he expired, and was removed to the
Bell Inn. A few yards from the spot where the unfortu-
nate man was found, the police discovered a female lying
in the road with her throat dreadfully cut. She was at
once taken to the General Hospital, where her recovery is
considered doubtful. The whole affair is involved in mys-
tery, and the police have as yet obtained no clue to the
perpetrators of these outrages. Dutton worked at Messrs.
Heaton's coin and tube works in Bath street, and lived
with a widowed mother in Belmont •row. The deceased
and a companion named Buick had been drinking at various
public-houses, and on leaving the Star vaults in Dale-end,
he met his end in the above tragical manner.
[ADvEnzisEmENT.I--ThoHcy's Food for Cattle is now
beginning to seriously attract the attention of the farmer,
breeder, and feeder of stock. Tsoyears of unremitting
care and attention have enabled its inventor to take high
ground as a benefactor to these interests ; and notwithstand-
ing the many drawbacks, the malevolent shafts hurled
against it and its probable utility, the food, from its admitted
value, will become a necessity to the agricultural interest.
Experience has proved, first, that it effects a considerable
saving in the consumption of provender; secondly, that it
produces health and vigour in all animals subjected to its
influence : and lastly, increases in a remarkable degree an
early development of fat. Mr. Thorley, originating this
singularly efficacious food, aimed at a compound calculated
to supersede, to a certain extent, the tedious and expensive
mode then prevailing of fattening stall-fed beasts. In this
he happily succeeded ; and success prompted a very natural
desire to improve upon the invention, so as to make it ap-
plicable to every description of domestic animal. The Eng-
lish farmer was slow to encourage its use, and manifested an
unwillingness to rely i p3n its efficacy, fancying he possessed
in the produce of his farm, ample materials whereby to feed
and fatten his cattle at a cheaper rate thanby the employment
or addition of artificial food. The tests to which this food has
been subjected have proved its perfect admissibility as a cheap
addition to the natural produce of the farm ; inasmuch as i
realised, and rendered marketable in two-thirds of the time
usually consumed in developing fat ; it, therefore, becomes
apparent that a certain saving is effected by a fair application
i
of Thorley's Compounded Food. It s believed that the present
unprecedented low price of wheat has induced its very gene •
rah use, in preference to any other of the usual articles of
food; it is, however, much questioned whether wheat is a
nourishing and proper food for the working horse, certainly
it is not for cows or pigs. Mr. Thorley's Food, besides
possessing the advantage of greatly invigorating the health
and increasing the physical power of all animals, is a tonic
and gentle stimulant, and when mixed with their other
food, materially assists their digestive powers—a matter of
gnat consequence, since it is an undoubted fact that the
nourishment contained in their ordinary food is lost, conse-
quent upon the impaired or defective action of the digestive
'organs ; it will also be found to be particularly beneficial
in restoring to good working condition horses which have
been over-worked, or become weak from disease, or ar,
naturally of a feeble constitution. In cows its effects art
undoubted, indeed almost marvellous, nearly doubling the
Yield of milk and butter, whilst it at the same time enriches
the quality of both. In pigs its fattening qualities are still
more remarkable, displaying in a few weeks its manifest
superiority over every other kind of compound or manu-
factured food adopted in the feeding of swine. Such has
been its marked success, that at all our great eattleeirsh
ca
Zacsd,ec been awarded.
piunrsuemhis o;nm and
Royalty,on TorThorley
F onoblemen,od haveanl invariablyothers
rl fed it
rrinc
citptalei
prizes, whilst cards of commendoautriourincip.l nobility, the
The patronage of Royalty,
gx. P
culturists, must. prove a
cicrgy, and of our lea_
(I'4 0 Met
--tcle%mpound on a continv; r
sada 43 ed patronage.,
helue
!al; course;
irfacarivi teofinricieKlm6h
vt hicOl inngtiednetni et I' ny nr e
lt
yo