The Sun.
London, England, 1859-05-13 00:00:00

WRIGHT V. MILLS.-A CURIOUS POINT.

In this case a rule had been obtained calling on
the plaintiff to show cause why an order of Mr.
Justice Williams should not be set aside under the
following circumstances :—An action had been
brought against the defendant Thos. Mills, on a
bill of exchange. Judgment was signed at 11 o'clock
on the 28th of May, and the defendant died at half-
past 9 the same morning. Execution was moved the
day after the defendant's death, and his goods were
seized. The question raised by the rule was whether
the judgment could stand, it having been signed sub-
sequently to the death of the defendant in the action.
Mr. Lush now showed cause against the rule,
contending that the judgment was void, and the
ruling of Mr. Justice Williams correct.
Mr. Malcolm having been heard contra,
The Lord Chief Baron was of opinion that the
signing judgment was a judicial proceeding, and as
such must be considered as occurring at the earliest
period of the day, so that the death of the party
could not invalidate it. The rule must, therefore, be
made absolute on the ground that it was signed on
the day in question.
The other learned judges concurred, and the rule
was made absolute.

INSOLVENT DEBTORS COURT.
(Before Mr. Commissioner Murphy.)
IN RE EDMUND O'ROURKE, KNOWN AS, EDMUND

FALCONER..-THE LYCEUM THEATRE.
This insolvent, late of the Lyceum Theatre, who
had been in partnerseip with Mr. Chatterton,
applied under the Protection Act.
Mr. Sargood supported the application.
A carpenter named Core raised a question for
himself and other persons who had been employed
at the theatre, whether Mr. Falconer was liable to
them. They were not inserted in the schedule as
creditors.

Mr. Sargood said Mr. Falconer was manager
with Mr. Chatterton of the Lyceum Theatre, and
the latter was before the learned commissioner a
short time ago and discharged. The speculation
had been most unfortunate, and a great loss had
been sustained. Amongst the persons employed
was Mr. Bail, a master carpenter, who was paid
some £2O a week, and Mr. Falconer was not liable
to the men employed. As Mr. Bail was not in court
he could attend on the second hearing.
Core said the learned counsel did not understand
the management of a theatre. Instead of £2O a
week Mr. Bail was to have his salary, and Mr.
Falconer was to pay the other carpenters. It was
similar to a foreman at Messrs. Cubitt's. The men
were engaged, but the person on whose behalf they
were engaged was to pay them.
Mr. Commissioner Murphy said as there must be
a second hearing, the best course would be for Mr.
Bail to attend, and he would then go into the ques-
tion as to the alleged liability.
The second hearing was appointed, and the pro-
tection enlarged.

POLICE INTELLIGENCE-April 12.

MANSION HOUSE. —John Edwards, aged 18,
was charged with having stolen a handkerchief and
five shillings from Mrs. Denton, on board a steamer.
The complainant-4 was on board a steamer, and
I felt an uncomfortable pressure at my pocket.
Immediately afterwards I saw the prisoner,
when I gave him to understand that he had
been robbing me, throw my handkerchief, which
contained five shillings, into the river. He was
taken into custody. Upon his person were found
two pencil cases, one of which was gold.
The prisoner—The gold pencilcase was given to
me by my poor fattier when he was dying.
(Laughter.)
The prisoner was recognised as a common thief.
He denied that he had ever committed a robbery or
been charged with any offence, but upon being
questioned by the alderman he said—l wish your
lordship to treat the case in a summary Way.
Settle it yourself. (Laughter.)
Alderman Salomons—Then I sentence you to im-
prisonment for three months with hard labour.
Toha Thwgites, aged 18 years, was charged before

Mr. Edwin, the chief clerk, told him if he could
substantiate his statement his wife had lost all claim
on him.

Applicant asked whether he could not have a
divorce

Mr. Edwin informed him that he could, but it
would cost him money. He supposed he intended
to go to sea again ?
Applicant said that he did, but his wife had all
his property, and he wanted to get that. He under-
stood that she was married to the man she lived
with.

Mr. Edwin asked him how he knew that ?
He replied that the mother had shown him a copy
of the certificate of the marriage at Newington
Church.

Mr. Edwin told him if such was the fact she
could be given into custody for bigamy.
Inspector Reed, M division, undertook to investi-
gate the circumstances and assist the applicant in
his difficulties.

LAMBETH.--Yesterday, Elizabeth Lampard, a
young woman who seemed to be suffering from
mental as well as bodily ailment, was brought up
from Guy's Hospital, and placed at the bar before
Mr. Elliott, charged with attempting self-destruc-
tion by cutting her throat with a table knife.
It appeared from the evidence that the prisoner
lived as servant in the family of Mr. Biddle, 18,
East-street, Lambeth, and that for some time past
she had exhibited signs of despondency. On Friday,
the 29th ult., she was found in the water closet, with
an extensive wound in her throat, from which
blood was flowing, and by her side was a table knife.
She was removed without delay to the hospital,
where the wound was dressed. She remained there
till that day, when she was considered sufficiently
recovered to be removed.
saying The
that sosnheer
oaccountedprinted
mother for haberoudte
twosponydeeanrcsya
gboy,
since which time she has been very unhappy in her
mind.
Her father was sent for, and he confirmed her
statement.
She was sent to the workhouse.

---
WAND SWORTH.—Mr. Henry Robt. Newton, a
gentleman residing in Argyll-place, Oxford-street,
appeared before Mr. Ingham at the instance of Mr.
Henry Anscomb, on behalf of the Brighton Railway
Company, for unlawfully neglecting on arriving at
the point to which he had paid the fare, viz., within
New Wandsworth station, to quit the carrioge.
John Hughes, ticket collector at the Pimlico
station in Battersea-fields, stated that on the ar-
rival of the 2.35 train from Brighton on the 25th of
last month, he proceeded to collect the tickets. The
defendant was in a first class carriage, and pro-
duced a double return ticket from Brigton to New
Wandsworth station. Witness told him he ought
to have alighted at New Wandworth station, and
asked him for sixpence, being the excess fare for
riding from that station to Pimlico. He refused to
pay the money, and witness gave information of
the circumstance.
Mr. Henry Anscomb, the railway inspector, pro-
duced the bye-laws of the company, and said before
he took out the summons he called upon the defen-
tdhere whatwas no excess the fares Were fare.
from
dant for the payment of the sixpence,
but he
ure-
fusedm.
rtompgahyaimt, sayingirei
the station to Brighton and back.
Mr. Anscomb said the return fare
from Pimlico to Brighton was 165., and fro
15s. m New Wandsworth

The defendant admitted riding to the Pimlico-
station, but declared he paid 15s. 6d. at the New
Wandsworth station.
Mr. Ashley the station master, was called to
prove that the fare was only 155., and the fare from
Wandsworth to Pimlico was 6d.
The defendant said it was no use calling Mr.
Ashley as he paid the money to the boy.
Mr. Ingham said he should have explained that
at the time and the boy could have been called.
He fined him ls. and 10s. costs.

LADVERTISEMENT.I—The Fatality of Disease.—Hollo-
way 'u Pills.---It is distressing to look around us and see
the nmbers that are hourly carried prematurely to their
graves who might easily be saved by medicines suited to
theirn
icomplaints. In the majority of cases, diseases origi-
nateimpure or impoverished blood. Holloway's Pills
act on that vital fluid—they expel from the secretory
organs and the circulation the morbid matter which pro-
duces inflammation, pain, fever, debility, and physical
decay. When taken according to the printed directions,
.they have never been known to fail. Under a course of
these pills the sick man soon rises from his bed, and the
feeble become robust. The cure is not superficial or tern-
Mazy, but co uplete and permanent.

Mr. Alderman Salomons with having with his
barrow caused an obstruction in the streets.
A policeman said—At five o'clock on Wednesday
evening I saw the defendant with his barrow, in
which there were nuts for sale. He was causing
an obstruction to the omnibuses and other vehicles.
I went to him and told him that if he did not go
away he must go to the station-house, and that he
was violating the law. He promised to go and he
did move off, but at half-past six o'clock I saw him
again. He was then causing a greater obstruc-
tion, and as be would not go off I took him to the
station-house.

Alderman Salomons--Where is his barrow ?
Policeman—lt was taken to the green-yard, and
he was let go upon his promise to appear at the
Mansion-house. He has paid the green-yard fee of
half a crown.

Alderman Salomons—Well, I think that is
punishment enough, and I discharge the defendant,
but I advise him not to appear in the streets of the
City with his barrow any more.

WE STMINSTER.—WiIIiam Browne, a shabbily-
dressed fellow, about 40 years of age, was charged
with the following malicious act :
Mr. Robt. Edward Barnes, wine merchant, 113,
Sloane-street, said that the defendant had been
constantly annoying him, and on Tuesday said he
wanted some money, and intended to have it. Prose-
cutor had known him for several years. He was
separated from his wife, and prosecutor took care of
some money belonging to her, and defendant claimed
it. He came again to prosecutor's place on Wed-
nesday, at a quarter to seven in the evening. Pro-
secutor having been told he was coming, closed the
door, and told him to go away, upon which he
stepped into the road, took up two stones, and,
throwing them at the plate glass window, worth
£2 10s., demolished it.
Defendant said that prosecutor had swindled him
out of £B2. He had been repeatedly to him for it
during the last three years, but could not obtain a
farthing, and had been told to sue him for it, but
no solicitor would "work" the case unless he paid
the money down, and he was not able to do that.
Mr. Arnold thought the accusefi's conduct most
wanton and malicious. If he had any claim upon
Mr. Barnes he should have-sued him; breaking his
windows would not do him'any good. If he was too
poor to sue prosecutor, he should have applied to
the court, and could have brought his action in
forma pauperis. He should sentence him to six
weeks' hard labour, in default of paying the amount
of damage.

MARYLEBONE.—CharIes Jones, an inmate of
Marylebone Workhouse, was brought up by Mr.
Tubbs, the assistant overseer, charged with having
committed assaults of a most violent description
upon two females, inmates of the establishment.
Mary Ann Wood, whose right eye was frightfully
blackened and bruised, deposed that about 7 o'clock
on Wednesday evening she was sitting in the work-
house yard, when the prisoner, who had been doing
some work in the kitchen, came out with a scaffold-
ing pole under his arm, and scandalously abused an
old woman without any provocation whatever.
Witness told him he ought to be ashamed of himself,
upon which he immediately gave her a tremendous
blow on the face, at the same time threatening to
bury his boot in her skull.
Margaret Devereux, who also bore marks of ill-
treatment, said that on her rushing forward to rescue
Wood, prisoner struck her with all his might.
Mary Anne Burrows corroborated the above
evidence.

Police-constable 258 D stated that when he took
the prisoner into custody one of the females was
bleeding from the eye.
The prisoner, in answer to the charge, said that
before he gave any blow the complaining parties
"pitched into him," and he was struck on the head
with a brick.

He called two witnesses, but the statements made
by them in regard to the affair were but little in
his favour.

Mr. Tubbs said that prisoner was a most dis-
orderly and dangerous character, and had often
been convicted at this court.

Mr .Long remarked tbat it was his duty to punish
the prisoner severely, and sentenced him to four
months in the House of Correction, being two
months for each of the two cases of assault.

S OUTHWARK.—A fine-looking, weather-beaten
sailor applied for advice under the following cir-
cumstances :—Applicant said that about two years
ago he married a young woman in Bermondsey,
and two months after that he signed articles to go
as able seaman to the East Indies and back. He
left his wife his monthly note, and had reason to
suppose she would be faithful to him during his
absence ; but unfortunately he was doomed to dis-
appointment. On the previous day his ship arrived
in port, and he immediately proceeded to the house
where he had left his wife, but she had left nearly
a year, and the parties could not tell where she had
gone. He, however, found out her mother, who
informed him that her daughter was living with
another man, by whom she had a child two months
old. He wished to know what he was to do under
those circumstances.

SPORTING INTELLIGEN CE,

NEWMARKET FIRST SPRING MR ETING.
THURSDAY.

Handicap Plate of 50 sous. A.F. (1 mile 22 furlongs 73
yards).
Mr. Newman's Odd Fellow, 3 yrs, 7st 41b (L.. Snowden) 1
Sir H. W. Bulkeley's Knuckle Duster, 3 3 78, sst 111 b
(carried sst 121 b) . (Challoner) 2
Mr. Harvey's Hebe, 4 yrs, 7st 91b . (J. Daley) 3
The following also ran:—Coxcomb, Kilsby, La Fasseuse,
and Target.

Betting-5 to 2 agst Knuckle Duster, 4to 1 each agst
La Fasseuse and Olympias, 5 to 1 agst Target, 6 to 1 agst
Odd Fellow.

Won by a length and a half ; bad third.
Handicap Sweepstakes of 15 soya each, 10 ft. T.Y.C. (5
(furlongs 140 yards.) 10 subs.
Baron Rothschild's Newstead, Est 41b (J. Daley) 1
Colonel Tevis's Solomon, 3 yrs, Est 101 b.. (W. Bottom) 2'
Mr. Saville's Peter Flat, 6 yrs, Bst 121 b (Flatman) 3
The followingalsoran :—Claude du Val, Starke, Orianda,
Hop Merchant, Admiralty, Pandora, and Fontarabia.
Betting-3 to 1 agst Pandora, 4to 1 agst Solomon, sto
1 agst Peter Flat, 6 to 1 agst Fontarabia, 10 to 1 each agst
Orianda and Hop Merchant.

Won by a length ; half a length between the second and
third ; and a neck between the third and fourth. Hop Mer-
chant headed the next lot.

Sweepstakes of 10 sovs each, for three-yr-olds and upwards.
The winner to be sold for 100 soya if demanded, /co.
First half of Ab. M. (3 fur. 215 yds.)
Captain Skipwith's Neophyte, 3 yrs, 7st 101 b

(Charlton) t W. o.
Mr. H. Bentley's Miss Bouzer, 3 yrs, 7st 71b
(Fordhal t
Mr. Blanton's Gin, 4 yrs, 6st 81b.. (French 3
Mr. Challoner's Fusee, 3 yrs, 7st 101 b.. (E. Sharp 4
Mr. E. Hull's Lady Gwendoline, 3 yrs, 7st 71b
(W. Bottom) 5
Betting-7 to 4 agst Neophyte, 2to 1 agst Gin, 6to 1
agst Miss Bouzer.

A dead heat; Gin was beaten a head only from the two ;
bad fourth.

Neophyte afterwards walked over, and the stakes were
divided.

The £l,OOO Guineas Stakes, a subscription of 100 soya each,
hft ; for three-yr-old fillies, Bst 71b each. The owner of
the second filly to save his stake. D.M. (7 furlongs
201 yards.)
Mr. W. S. S. Crawfurd's Mayonaise, Bst 71b (Fordham 1
Mr. F. Robinson's Ariadne, Bst 71b (A. Day 2
Sir C. Monk's Prelude, Bst 71b (Withington 3
Lord Zetland's Qui Vive, Bst 71b (J. Osborne 4
Betting-9 to 4on Ariadne, 9to 2 agst Mayonaise, Bto
1 agst Qui Vive.

The running was made by Ariadne with Mayonaise on
the whip-hand second, and. Prelude third, Qui give on the
extreme left, last. About half a mile from'home Qui Vivo
was hopelessly beaten, and Mayonaise waited upon Ariadne
until they were nearly a distance from home, when she
quitted the favourite and ran home the winner by twenty
lengths ; the second, third, and fourth, were each separated
by about half a length.
Renewal of the Sweepstakes of 100 soya each, h ft, for three-
yr-olds ; colts, Bst 71b. D.M. (4 subs.)
Sir R. W. Bulkeley's Oceanus, Bst 71b (W. Boyce)) 1
Lord Londesborough's Broom colt, Bst 71b.... (Flatman 2
Gen. Peel's Precursor, Bst 71b (Fordham)) 3
Even agst Precursor, 2 to 1 agst any other (offered).
Won by a head, same distance between the second and
third.

The Newmarket Two-year-old Plate of 200 soya ; colts, Bst
71b ; fillies, Bst 51b. WinnetJ extra. Last five furlongs
of R.M.
Lord Stamford's Termagant colt, Sat 71b (Bartholomew) 1
Mr. E. R. Clark's Emily, Bst 101 b (inc. 61b extra)
rnc
Baron Rothschild's Restes, Bst 71b(Cre(Fssewehll)) 3 2 The following also ran :—Neoptolemus, Rose Middleton,
Dapple, Quick March, Hersey filly, Gang Forward, Mary
filly, Sportsman, Fontagne colt, Miss Sarah filly, Predic-
tion, and Vivandiere filly.
Betting-6 to 4 agst Emily, 6to 1 agst Rester, 7to 1 agst
Prediction, 10 to 1 agst the Termagent colt, 10 to 1 apt
any other.

Won by a length; a head between the second and third;
Prediction was a bad fourth ; Vivandiere filly and Fontagne
colt were next ; Hersey filly was last.

Selling Handicap Sweepstakes of 10 sovs each, for 2-yr .olda.
Winner to be sold for 50 sovs if demanded, &c. Last half
of Ab. M. (3 fur 217 yds.) 3 subs.
Mr. J. Woolcot's lanthe filly, 7st 131 b.... (W Bottom)
Mr. Alexander's Brine, Bst (Boggle) 2
Betting-5 to 4on lanthe filly, who won easily.
A bright warm day. The sport was satisfactory so far
as quantity was concerned, and the defeat of the favourite
(Ariadne) for the One Thousand created a sensation, and
imparted an unexpected importance to the proceedings. In
the Handicap Sweepstakes of 15 sovs each, T.Y.C., an Ame-
rican " crack," Starke, made his first appearance as a com-
petitor in England. The horse, who is four years old, was
the " top weight," but did nothing more for the honour of
America than run last, but as Prioress's debut in England
was almost equally inauspicious, Starke may yet go a-head.
Lord Stamford's colours were, for the first time since the
commencement of his racing career, carried first past the
post to-day for an important stake, the Two-yr-old Plate,
and his success was hailed with satisfaction. Bartholomew,
who is now his lordship's trainer, rode the winner, and won
his first race since the accident at Goodwood in 1856. The
sympathy which that casualty excited in his favour, and his
known talent as a jockey, caused Lord Stamford's victory to
be regarded with additional gratification by the spectators.

LATEST BETTING.
DERBY.
9to 4 agst Promised Land
100 to 6 agst Marionette (offered)
1000 to 8 agst Comforter
THE OAKS.
6to 4 agst Mayonaise
Bto 1 agst Ariadne (offered)
The Promised Land is scratched for the Newmarket
Stakes.

COUNTRY MARKRTB.

BIRMINGHAM-MAT 12.

At this corn market to-day there was a full supply of
wheat, but sellers submitted reluctantly to a decline of 3s
to 4a per qr. Barley unsaleable, and prices nominal. Oats
offering at a decline of is per qr. Beans firmly held for
previous rates.

MANCHESTER—MAY 12.
A numerous attendance at our market this morning, but
many were merely attracted by curiosity to ascertain the
probable course of the trade. Wheat was offered at 5s to
6s per qr, and flour 4s to 5s per sack, below the prices of
last week, but business was limited. Oats Id to 2d per
451 b, and oatmeal is per load lower, with a limited demand.
Beans firm, and a fair sale. Barley brought is per qr more
money. Indian corn 2s decline.

BOSTON—MAY 11.
The attendance was good, and English wheat met a fair
sale at a reduction of 108 per qr. upon the rates of this day
se'nnight. Little disposition to buy all descriptions of
spring corn, at drooping prices. Wheat .44s to 50s Oats.... .........,•18s. to 26s
White do .50s to 52s Beans ................—s to--s
Barley .36s to 40s Ditto, old ........40a to 51s.
Averages for the weeks •
Wheat 4,223 qrs., .at...;.,.54 4d
Oats — ;, ..
' `....1--44 Od
Rye — „ • . i.. .....--s Oct
Barley 55 „ ~ ' - 385 Od
Beans -1, —s Od
Peas
.. • • ---• 91

EDINBURGH GRAIN—MAY 11.
Small supplies of grain to-day, and sales were heavy for
wheat, and prices back.
Wheat on the top 12s Od down ...... average Ils 9d down.
Barley on the top is 6d down. ....... average is 4d down.
Oats on the top is Od down.. • ..... average 2s 4d down.
Beans on the top 38 Od down. .. ..average 3s 6d down.
Averages per Imperial quarter.
Wheat..
Barley . ................ 1 15 8 9-12ths
BOats .................. 1 7 10 8-12ths
ean5...,... ....... 2 6 1 10-12ths
Total Supply and Sales.
Wheat ..... ...1484 qrs Sold 598 qrs
8ar1ey..... •.. 562 qrs Sold 383 qrs
Oats ......... .1977 qrs Sold 787 qrs
Beans ....... 183 qrs
Sold 105 qrs

•••••••.....)
BIRTHS.
rRASER.—On the 9th inst.,. at Mary&ld, Inverness, the
son.
wif of Captain John Fraser, younger of Balnain, of a
e

HARDINGE.—On the 11th inst., at Dufferin Lodge, High-
gate, "Viscountess Hardingo, of a son.
HOWARD.—On the 9th inst., at Rutland-gate, Lady Ed-
ward Fitzalan Howard, of a son.
SAVILE.—On the 11th inst., at Foulmire Rectory, Roys-
ton, the lion. Mrs. Arthur Savila, of a daughter.