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

HART V. MONTEFIORE.

His Honour the Master of the Rolls said,—ln this case
lam of the same opinion as Mr. Jessels. Mr. Jessel is
perfectly right as to the regular course of practice in such
eases. They take out a summons at chambers, and it is tha
uniform practice at all the chambers to take out the sum-
mons. It appears that this was an application to the
chambers of the Vice-Chancellor for a summons, which was
perfectly competent, and therefore the order of competence
must be made with costs.

SECONDARIES' COURT.
(Before Mr. Potter and a Jury.)

OMNIBUS RACING AND SERIOUS ACCIDENT-DAMAGES nO,

MARDON V. BOULTON.

This was a writ of inquiry to assess the damages, laid at
£2OO, sustained through an omnibus accident, defendant
having suffered judgment to go by default,
Mr. Lawrence, for the plaintiff, said his client was an
articled clerk to his father, who is an attorney, and defendant
is an omnibus proprietor. On the morning of the 22d of
July last plaintiff was an outside passenger upon defendant's
omnibus, having got up at the Paddington station. Upon
arrival at the Marble Arch defendant's driver accelerated
his speed, racing with another omnibus and trying to pass
the same. In this endeavour plaintiff's leg was caught be-
tween the two omnibuses and most seriously crushed. Hs
was carried home, and medical aid called in. It was then
disccvered that the injuries inflicted were more serious than
was at first anticipated, one injury of a private nature
being most 'painful. He was confined to his room for
three weeks, and would most likely suffer for some
time. The jury would recollect, in assessing the damages,
plaintiff had been obliged to discontinue his studies, a most
serious matter for his professional prospects.
Plaintiff a as called and fully bore out the facts, as above
stated, adding that when he did leave his room he paid £5
cab hire.

A gentleman present here said, " D,lendant is a bank-
rupt."

The medical gentleman, Who attended plaintiff, described
the painful character of the injury, and that his charges
were £lO 10s.

The learned Secondary, in summing up, said that not only
had defendant suffered judgment to go by default, but he
did not even attend here to explain the matter.
The jury assessed the damages at £5O.
BREACH OP PROMISE OF MARRIAGE.-DAMAGES LAID
AT £5,000.

A writ of enquiry to assess the damages, laid at 86,000
in a breach of promise of marriage case, was set down for
hearing to-day. It was a special jury case, and the special
jury had been summoned, but last night the writ was with-
drawn, the parties (who hold positions of influence) having,
it is believed, settled their grievance, the defaulter by pay-
ing, and the injured one by receiving a handsome sum.

POLICE INTELLIGENCE.—(77tis Day).

MAR LBOROUGH-STREET.

THE PICCADILLY SALOON.--RIOTOUS PROCEEDINGS.
—Charles Reader, an auctioneer's porter, was charged
with illegally and forcibly attempting to enter 222, Picca-
dilly (the Piccadilly Saloon), and with attempting to pro-
voke a breach of the peace.

Mr. Pook and Mr. Ed ward Lewis, of Groat Marlborough-
street, appeared for the complainant and some of the credi-
tors, and Mr. E. L. Levy for the defendant.
Mr. Pook, having opened the case, called
Mr. John Goodered, who said—l was in possession of
the Picadilly Saloon, and now hold it for creditors. Yes
terday the defendant, accompanied by about 20 or 25
persons—the defendant having a sledge-hammer—sur-
rounded the place about three o'clock. Several men had
crowbars, and the defendant was the most formidable, say-
ing he would "get in," and pushing past the inspector
(Mr. Holden) and two sergeants, and using all the force
he could. He also said he had the cue from Mr. Levy,
solicitor, and Mr. Cannon. The defendant hammered at
the door, and five or six others did the same thing. The
door did not give way, and the inspector ordered the de-
fendant to be taken into custody. Mr. Levy was outside
giving orders.

By Mr. Levy—You were outside. The defendant had a
hammer, and some of the others crowbars. Mr. M. Abra-
hams and ➢Tr. Goodman were not there. Seven or eight
of my men were outside, and could not get in owing to the
mob.

Mr. Levy—Had you not shut up the house to prevent
Mr. Mayers, who holds the bill of sale, getting possession ?
Mr. Tyrwhitt—That question shall not be answered. I
am not going to try any question of right.
_ _

Mr.Goodered, by Mr. Levy—Only defendant had a ham-
mer. lam the bankrupt in this case.
Mr. Levy—Have you not turned Mr. Mayers' men out ?
Mr. Tyrwhitt—l'll not have it. I'll take no cognizance
of any rights whatever. I'll try no question'of rights.
Mr. Levy—There is a bill of sale in existence. Mr.
Mayers has bill of sale signed by Mr.Goodered, giving him
power to break into the place and take the goods.
Mr. Tyrwhitt—l again say, even if the bill of sale says
anything about breaking open the doors, I'll not try any
question of bill of sale.

Mr. Goodered, by Mr. Levy—Mr. Lewis and Mr. Pook
are joint solicitors under the bankruptcy. The police took
the defendant into custody. I afterwards signed the charge
sheet, but I did not say that I signed it for Mr. Flagman,
the trade assignee. When I found the house was besieged
I sent for Mr. Lewis's clerk. Mr. Lewis is a creditor under
the bankruptcy.

Sergeant Harrison was called, but did not state that he
saw any hammer in the defendant's hand.
In answer to Mr. Pook, the sergeant said there was a
large crowd about the house, and the place was quite ob-
structed—more than 100 people being there.
Mr. Levy said it was a dishonest proceeding towards Mr.
Mayers, who held the bill of sale, and had advanced £BOO
on the furniture, &c. Hs contended Mr. Goodered had
no right there, and was not recognised by the assignees.
After considerable conversation,
Mr. Tyrwhitt said he should not take into consideration
any of the legal questions involved in this case, but should
call on the defendant to find one bail in £lO, and a promise
must be given that there should bo no repetition of the
affair.

Mr. Inspector Webb paid the police were prepared to
answer for that part in the matter.

THIS DAY'S lIIARKETS.

CORN EXCHANGE.

The show of samples of English wheat here to-day was
very moderate. The trade, however, was in a sluggish
state, and prices had a downward tendency.
The imports of foreign wheat aro large, and buyers, con-
sequently, were very cautious in making sales; indeed, it
was difficult to transact business in any description without
animating to lower currencies.

Floating cargoes of grain were in limited request al
barely late rates.

Good and fine qualities of barley were firm in value, but
inferior kinds were a slow sale. The supply on offer was
small.

Malt moved off slowly, yet no change took place in the
quotations.

Oats were firm, and prioes had an upward tendoncy. The
show of samples, both home-grown and foreign, was much
restricted.

Beans and peas changed hands slowly on formor terms.
The flour trade was dull, and in some instances prices
were decidedly easier.

ARRIVALS THIS WEEK.

Wheat. Barley. Malt. Oats. Flour.
.. 1,650 330 ; 2,010
s4O ; 1,430 sacks,
Irish... 100
F0reign........ 31,310 • 4,530 2,000
10 I MO sks.
19,070 brls.

BOROUGH HOP.
The business doing in hops is very moderate; prices,
however, are steadily supported.

WHITECHAPEL.
Tho supply of meat is moderately good, and the trade
rules somewha' inactive, as follows :
Beef from 2s 8d to 4s Od ; mutton, 3s Od to 4s 4d ; veal,
10d to 4s 8d; and pork, 3s 10d to 4s 10d per Blbs.

The current mercantile advices from India fully
support the anticipations previously expressed that the
harvest this year, both in Bengal and the North-IWO
Provinces, will be the finest known for a very long period.
This prospect, coupled with the rise in cotton, has created
geucral cenfiUnce.

NAVAL INTBLLIGENCE.

The following promotions were made at the Admiralty
this evening :

Lieutenant—The Hon. Fred. W. Charteris to the
Stromboli.

Sub-Lieutenant—Geo. N. Smallpieee to the Devastation
Midshipmen—Mr. G. H. Lawson to the Revenge; C.
A. Crispin to the Devastation.
Naval Cadet C. H. Warren to the Devastation.

Naval Cadets nominated—Mr. Edward V. B. Gaunt, W.
Nigel Madden, Gerald John Roberts, Ford Edwd. Willes
Lambart, and Horace Baker.

Paymasters—John W. W: Green to the Chantileer ;
George Jeffreys (additional) to the Colossus.
Assistant-Paymaster Edward M. Roe to the Hibernia.
Surgeon John Little to the Satellite.

Assistant Engineers—Win. Birks, confirmed in rank of
first class; Henry Rigby, acting second class to the Asia
for Sutlej.

SMITHFIELD CLUB CATTLE SHOW.

Yesterday was the first or opening day of the
Smithfield Club Cattle Show, and the fineness of
the weather, added possibly to the fact that this is
the last year of the exhibition at its west-end quar-
ters, had the effect of causing a greater crowd of
aristocratic visitors than has over previously taken
place. Indeed, during the whole morning and up
to between 1 and 2 o'clock, King-street and Baker-
street were completely blocked by the carriages of
the nobility and gentry, and the number of ladies
was remarkable. Towards the afternoon the class
changed to the agricultural, the various railways
from every part of the kingdom having by this
time discharged their provincial cargoes into the
metropolis. Towards evening the mercantile and
trading classes were to be found thronging every
avenue of the brilliantly-lighted show yard and im-
plement galleries, giving unmistakeable evidence
that the Cattle Show has rather gained than lost in
any degree its amazing popularity.
The annual general meeting of the Smithfield
Club took place at one o'clock in the Committee-
room of the Bazaar. Earl Berners presided as this
year's president, and the awards of the judges,
with respect to the present show, having been
read,
Lord Feversham was elected President for the en-
suing year, and Lord Walsingham was nominated as
President Elect for 1863. The Marquis of Huntly,
the Earl of Hard wicke, the Earl of Yarborough,
Lord Berners, Lord Walsingham, Mr. C. T.
Power, Earl Spencer, the Hon. Colonel Hood,
the Earl of Leicester, the Duke of Rich-
mond, were re-elected Vice-Presidents, and Lord
Tredegar also, in the room of Lord Berwick, de-
ceased. Mr. Barnett, Mr. Thomas Greetham, and
Mr. S. Druce were re-elected trustees • Mr. B. T. B.
Gibbs, as hon. secretary ; and Mr. Richard Milward,
in the room of Mr. Henry Smith, as steward of
cattle, long-woolled sheep, and pigs ; and Mr. W.
Fookes in the room of Mr. John Ford, jun., as
steward of short-woolled and cross-bred sheep.
Some three or four resolutions for altering the
arrangements as to the future award of prizes, &c.,
to some of the sheep and pig classes having been
lost or withdrawn,
Mr. GIBBS moved the appointment of a eommittee
to consider and determine upon what principle the
space devoted to implements in the new agricultural
hall shall be allotted in 1862, and to determine the
arrangements to be adopted in planning out that
department ; that that committee be composed of
three stewards, three members connected with the
implement trade, one with the miscellaneous stand-
ing, and the honorary secretary, which was carried.
After electing 33 new members of the Club, the
proceedings terminated.
Among the animals sold yesterday morning are
Mr. Shirley's Hereford, which obtained the first
prize of £25 among its competitors, with a silver
medal for the breeder, the purchaser being Mr. R.
Frost, of Haverstoek-hill • his Royal Highness the
Prince Consort's prizeofilOin the same department,
bought by Mr. Thomas Pawsey, of Bath ; his Royal
Highness's Devon, the winner of a prize of £lO,
now the property of Mr. Hyne, of Plymouth ; Mr.
Heath's third prizo of £lO, in the same department,
is now transferred to Messrs. Fisher, of the Anchor
Dining-rooms, Cheapside ; Mr: R. Farthing's
Devon, another winner of £lO, which has been sold
to Mr. James Hooke, of Frederick-street, Hamp-
stead-road ; and Mr. Taylor's splendid steer, the
winner of the gold medal, which was purchased by
Messrs. Davis, of the Black Bull, New Cattle
Market, The city of Exeter has secured several
excellent animals through the enterprise of Mr.
Chamberlain, and other provincial towns have also
been represented.