The Sun.
London, England, 1861-11-12 00:00:00

LA TV INTELLIGENCE.—Nov. 11.

VICE-CHANCELLOR'S COURT.
(Before Vice-Chancellor Stuart.)
THE KING OF PORTUGAL T. SCOTT RUSSEL.

This was a demurrer. The bill contained allega
tions to the following effect :—By an agreement
made between the defendant, John Scott Russell,
of the one part, and the Minister of Marine of the
King of Portugal of the other part, the defendant,
Scott Russell, agreed, in consideration of £10,400,
to construct for the plaintiff a steam screw foretop-
sail schooner ship, and at his own cost and risk to
launch the same at Millwall, ready for sea, on or
before April 25, 1859. £10,400 was to be paid in i
five instalments of £2,080 each ; and, it was pro-
vided by the agreement that if the vessel was not
completed and equipped as therein mentioned by
the day named, the defendant, Scott Russell, should
pay to the Portuguese Minister of Marine £5 for
each day thereafter that the ship should not be
completed, as and for liquidated damages, Mr. Scott
Russell proceeded with the ship, and received four of
the instalments of £2,080 each, but the ship was not
completed within the time mentioned in the con-
tract. Mr. Scott Russell afterwards, under protest,
equipped the vessel as the Portuguese Minister of
Marine contended it should be equipped by the
terms of the agreement, but ho refused to deliver
over the vessel unless he was paid £3,076 Cs. 7d. for
extras. It was ultimately agreed that the vessel
should be delivered to Sir George Rose Sartorius
on behalf of the plaintiff, on payment to Mr. Scott
Russell of the further sum of £2,080, and upon the
deposit under an agreement of the sum of £3,076
Bs. 7d. in the Bank of England, in the joint names
of Sir George Rose Sartorius and Mr. Scott Russell,
to abide the result of an action which was to be
brought for the recovery of it by Mr. Scott Russell,
which action he was to " commence forthwith, and
duly and diligently prosecute." The action was
brought by Mr. Scott Russell, and tried at Kingston
Assizes in 1860, when a nominal verdict was re-
turned for the plaintiff in the action, with leave for
the defendant therein to apply to the Court to set it
aside, and enter a verdict for him. A rule for that
purpose was accordingly obtained in Easter Term,
1860, and subsequently in the same term a rule was
obtained ordering a special case to be stated for the
opinion of the court of law. The bill further alleged
that there had been delay in the preparation of the
special case by Mr. Scott Russell, and that the action
had not been duly and diligently prosecuted by him,
and it prayed that Sir George Rose Sartorius and
Mr. Scott Russell might be ordered to pay the sum
of £3,076 Bs. 7d. to the Portuguese Minister of Ma-
rine, on behalf of the King of Portugal. The de-
fendant, Mr. Scott Russell, demurred to the bill for
want of equity.
Mr. Matins and Mr. Kekewich were for the de-
fendant, and Mr. Bacon and Mr. G. Simpson for the
plaintiff.
The Vice-Chancellor—The case stated by the
bill is that of the constitution of a trust, which
attached itself to the fund in question the moment
it was placed in the name of trustees. The fund
is now standing in the name of these trustees with
that trust impressed upon it. According to the
declaration of trust, the events upon NI, hich the ul-
timate right to the trust fund may be determined
have not yet occurred. The plaintiff, indeed, avers
that, upon one construction of the trust, an event
has occurred from the neglect and delay of the de-
fendant which entitles him to the whole fund. But
there is now no question but that the fund is a
trust fund, and that the defendant, who demurs, is
one of the trustees in whose names the trust fund is
standing. Upon the construction of the declaration
of the trust must depend the question whether the
plaintiff or defendant is entitled to the fund in its
entirety, or in certain proportions. The bill is one
as to which the demurrer cannot be maintained,
and the demurrer must be therefore overruled. It
has been said that crowned heads should not con-
descend to ask for costs; but Kr. Simpson has made
this plaintig come humbly to the Court, and if the
gyring of fortugal does not think it any disparage-
ment to accept costs the Court would not refuse to
give them to him. The last crowned head (the
Emperor of Austria) who sued in this Court dis-
claimed before this branch of the Court to accept
costs. There will be leave to amend the bill, and
time given to answer the amended bill.

POLIGE IN2ELLIGENCE, Nov. 11.

HAMMERSMITH. —DISMISSAL OP POLICE
COMPLAINTS. EXTRAORDINARY CASE. Mrs.
Sarah Starbuck, the landlady of the Cannon public-
house, Queen-street, Hammersmith, was summoned
before Mr. Dayman, to answer the complaint of the
police for having her house open on Sunday morn-
ing, the 3rd inst., before one o'clock.
The defendent did not appear, but was represen-
ted by her son, who conducts her business.
The only witness in the case was police-con-
stable Woodbridge, of the T division, a plain
clothes officer of Notting•hill, but on the Sunday
in question he was employed specially in the dis-
trict of Hammersmith to watch the public-houses.
His evidence went to show that he saw 13 men in
the parlour or tap-room and 10 men at the bar.
This was about half-past twelve o'clock. The
door was opened in consequence of a knock from
the outside, and he attempted to pass in, but
was prevented, and though he stated le was
a constable and showed his card, he was pushed
out. He swore that he succeeded in getting one
one leg and his head inside the door, and that in the
struggle he was able to count the men in the par-
lour and at the bar. He also saw a man drinking
from a pot full of beer. He further stated that he
remained outside till one o'clock, and that he saw
some of the same men come out of a private house
in Ship-lane, a thoroughfare running at the side of
the public-house.
Mr. Martin cross-examined the constable, and he
admitted that Mr. Arnold dismissed a similar com-
plaint against another licensed victualler in Ham-
mersmith on Saturday, and remarked at the time
that he (Mr. Arnold) did not believe his evidence.
Three witnesses were called, and they swore posi-
tively that there were only three persons in the
house, namely, Mr. Starbuck, the potman who was
placing his cans in the bar, and a man who had re-
turned a ladder he had borrowed. They also proved
that there was no outlet at the back, as the yard
was surrounded by the walls of adjoining houses,
and that there were no windows or doors through
which any men could leave.
Mr. Martin called upon Inspector Hard to make
a summons, and he said that he visited the house,
accompanied by a constable, about 'a quarter of an
hour before, and he found 110 men there.
It was also denied that the constable showed his
card.
Mr. Dayman said it was an extraordinary case,
and dismissed the summons.

LAMBETH•-- MYSTERIOUS DISAPPEARANCE
OF TWENTY SOVEREIGNS.—Ann Coffee, a decent
young woman, who has been in custody for some
days on a charge of stealing £2O belonging to Mr.
Edward Henry Vries, was again placed at the bar
before Mr. Elliott for final examination.
From the evidence of the prosecutor, an East
India gentleman, lodging at No. 9, South-place,
Kennington Park, it appeared that while dressing
on the morning of Tuesday last ho took 20 sove-
reigns rolled up in paper from his portmanteau,
and placed them on his bed, intending to put them
into his pocket before leaving, but this he forgot to
do, and left the roll on the bed behind him. This was
about ten o'clock in the morning, and at four he
missed them, and it was sworn that the only per-
sons who had entered the room from the time the
money was placed on the bed until it was missed
were the prisoner, who made the bed, and the two
children of the prosecutor, the one ten and the other
eight years of age, and the suspicion of the prisoner
having taken the money, therefore, amounted to al-
most a positive certainty, and sho was remanded to

give the officer engaged in the case an opportunity,
of making a thorough search for the missing trea-
sure.
Sergeant Hull, 32 P, said that since the former
examination he had carefully examined the water-
closet, water-butt, and ever
andy part of
d he
house d
the
fi with
the greatest Minuteness, cou not n
slightest trace of the missing sovereigns. He had
also been to the two last places where the prisoner
lived as servant, in the one place for 18 months and
the other three years, and in both places received
an excellent character of lior. He had also been te,
the baker's shop, where the prisoner had been sent
for bread on the day'', in question, and the person
who served her did not obsei-ve anything more than
ordinary about her on that oCcasion
ri-
attended for the .
Mr. Chipperfield, who now
fions to Mp r. Vries
soner, put a number of ques,
respecting the money, to which he replied that he
received £45 in gold in exchango for notes, sit a
bank in Dublin, and these he wrapibed up in paper,
putting .f.-;25 in one and £2O in the o; her. The 20-
sovereign roll he carried about with him on the
Monday, and, as it was his custom, placed it in his
porttnanteau on that night. On the following
morning he took it out, intending to place it in his
pocket again, but forgot to do so, as he before
stated.
In reply to a question from the magistrate, he
said he had not been out of the house from the
time he left his bedroom at ten o'clock, until he
missed the money at four, nor were either of his
children.
Mr. Chipperfield said his client assured him in
the most solemn terms, and he believed her, that
she saw nothing of or knew anything of the money
alleged to be lost ; that if anything had been left
on the bed she dii not see or find it; and he hoped,
that notwithstanding the appearances against her,
his worship would take into cons.3deration the ex-
cellent character she had reeeive.i, and the fact
also of her character being without stain up to the
present mysterious case.
Mr. Elliott, without further observAti,ln on the
case, said the prisoner must be disehargeng.•
The prisoner, who wept bitterly during a greater
part of the investigation, then left the dock.

BREAD IN PARIS.

A pamphlet which has just appeared under th
title of La Verite sur la Boulangerie, by M. Le—
bandy, gives some insight into the present organisa-
tion of the trade in Paris, and the difficulties exist-
ing between the Prefect of the Seine and the
corporation of bakers, to which we 'may per-
haps attribute the bad quality of the bread at
pi esent delivered to' the consumer. The Caisse
de la Boulaugerie was instituted in 1853 in order
to maintain bread at a reasonable prise by grant..
ing advances to the bakers in bad years, to be
rep aid in favourable ones. As the bread consumed
by the population of Paris is made with flour con-
stituting from 64 to 70 per cent. of the weight of
coin put into the mill, experiments were made
at the Maison Scipion, or general bakehouse of
the hospitals, by order of the Prefect, with a view
to as certain whether 75 per cent. of good flour
without injury to the quality of bread, the price of
whic h might then be reduced by five or seven centimes
per kilo. Sincethen,theMaison Scipion has become au •
impo.wtant grinding and baking establishments,
under the direction of M. Salone. In four years
it has produced upwards of 20 millions of kilo-
gramn les of bread, made out of the same weight of
corn, proving the truth of Lavoisier's proposition,
that a pound of corn should yield a pound of
bread, the water used iifmaking the latter being-
equal to. the weight of the bran separated by grind
ing. The Maison Scipion, where all the operations
of grinding, kneading, &c., are performed by steam,
has opened shops for the sale of its produce in all
the principal markets of Paris, and has thus entered
into competition with the bakers, who, seeing their
privileges thus invaded, have given utterance to
loud cot oplaints. But here the question arises, can
the bakers prodnce a quality to that of the Maison
Scipion , which has the advantage of employing
improved methods and machinery not attainable
by the trade ? The General Bakehouse not only
gets 75 per cent. of flour out of the grain, but
obtains it of a superior quality, with all its nutritive
elements and its natural flavour, owing to its having
been subj ected for a much shorter time to the action
of the millstones. Again, by the application of
steam, improved bolting and kneading machines are
set in motion, by which a double quantity of dough
can be produced, the number of workmen remain-
ing the amine. These advantages being evidently
beyond the reach of private bakers, the Prefect of
the Seine vr ished to create large baking establish-
ments in Pa xis, on the model of the Maison Scipion,
thus supers e ding the corporation of bakers. The
Council of S tate appointed a commission in 1859 to
examine the question ; and, the report being unfa-
vourable, the Prefect of the Seine laid it before a com-
mission of the Municipal Council, under the presi-
dency of M. 'Dumas, which drew up another re-
port in a direc,fly opposite sense ; and it now re-
mains for the Covernment to decide whether the
privileges of the bakers are to be abolished, and
the trade throwit open, or the ad system is to be
continued or mod ified. On this subject our author
enters into some details to show that machinery
moved by steam ea .n and ought to be introduced into
private establishments, as indeed it has been in two
of the first in Paris , where two loaves more are pro-
duced per sack of flour than in other bakehouses.
He likewise proves that the Parisian public is
wrong in preferring very white bread to that of
ordinary whiteness, since the millers have thereby
been induced to devise every means for separating
from the flour all those parts which tend to diminish
the whiteness of the flour. This can only be '
done by making the corn pass several times
through the mill, whereby the flour loses its
flavour, and its gluten is deteriorated. The
whitest flour, as M. Dumas observes, is that
which has lost some of its' useful parts. The
outer tegument of corn should alone be separated,
and what remains should be used. in its natural
state, in order to obtain bread possessing all its
nutritive qualities, of an agreeable flavour, and
easy of digestion.

COUNI BY MARKETS.

I." --------

GLOUCESTER—Nev. 9.

A good supply of English wheat, which met a steady de-
mand, at no reduction on last week's prices. Oats inquired
for, and the same in value. Barley a very dull trade.
In beans and peas no change in price.