The Sun.
London, England, 1859-08-10 00:00:00

JOHNSTON V. JOHNSTON.

Mr. Anderson, Q.C., resumed and concluded his argu-
ment for the appellant.
The Lord-Advocate was heard in reply.
This is an appeal from a decision of the Court of Session
in Scotland, remitting the cause to the Jury Court, and
settling the issues to be tried by the jury.
An objection was taken to the competency of the appeal.
Their lordships were unanimously of opinion that the in-
terlocutor of the Court of Session, settling the issues in a
cause, was appealable under the statute 1850, as much as
any other interlocutor of that Court. Their lordships al-
lowed the appeal, and remitted the case to the Court of Ses-
sion to settle the issues according to the opinion of the ma-
jority of the court, reserving to the Court to dispose of the
question of costs.

POLICE INTELLIGENCE.-(THIS DAY.)

MARLBOROUGH-STREET.

CHARGE OF ROBBERY AND RECEIVING BRASS Es-
CVTCHEONS.—Three boys, named George Williams, Joshua
Coleman, and Robert Stringer, were charged with stealing
a quantity of brass escutcheons, and Julia Bishop and
Fanny Bishop, mother and daughter, keepers of a marine-
store shop, in Titchfield-street, were charged with receiving
the same. _ _

of Great Marlborough-street, appeared for
the receivers.

From the evidence of John Brown, 128 C, it appeared
that about nine the previous night he was in South Molton-
street, and saw the three boys easing the different doors in
the street, and having got in a doorway he saw the three
bop go to the door of Mr. Gardener, and after stopping a
few minutes hastily leave. He pursued them into New
Bond-street, and on the way Coleman threw away a hand-
kerchief containing seven brass escutcheons taken from
different doors. He took Solomon, and the others were
subsequently taken. On asking Solomon what he was
going to do with them, he replied, " Sell 'em." He after-
wards went to the shop of the females, and after a little
hesitation the daughter was acknowledged to have pur-
chased some escutcheons on a former occasion. Stringer
had told him he sold five for a penny.
Mr. Beadon said he would advise the females to exercise
more caution and not buy such things of boys like those at
the bar. _ _ _

Mr. Lewis said his clients had answered the questions of
the officer readily.
Mr. Beadon said he should discharge the females and
remand the boys for a week.

THE WHISKY TRADE.-IMPORTANT

CASE.

At the Mayor's Court was tried yesterday, and not
finished until a late hour, Christie v. Baum. Plaintiff is a
whisky merchant at Liverpool, and defendant is a money-
changer of Lombard-street. Mr. H. James, instructed by
Mr. Stubbs, of Moorgate-street, appeared for the plaintiff;
and Mr. Needham for the defendant.

According to the evidence of plaintiff and his witnesses,

it appeared that in November of last year he, being in Lon-
don upon the criminal prosecution of Rikey and Thurgood
(in the last whisky fraud case), was introduced to a person
named Fisse. Fisse wished to purchase £4OO worth of
whisky, and gave as reference the defeudant and a person
named Brelly, who was guarantee for £3OO. Plaintiff sup-
plied the whisky in due course. In January of the present
year he was surprised to find the whisky in the possession
of defendant. An effort was made to restrain the defen-
dant from selling, but unsuccessfully. The present action
was brought to recover £26, the value of the casks.
Mr. Perry, from Mr. Stubbs, deposed that he gave de-
fendant notice that plaintiff expected to have the casks
within the usual time allowed in the trade.
Mr. Christie said the whisky was sold for home con•
sumption.
For the defence it was urged that plaintiff had no inte-
rest iri the casks to enable him to sue. It was also sworn
that the whisky was sold for exportation, and if that were
so the casks were included—the rule in the trade was not
to charge for casks supplied for exportation.
His Honour (the Common Sergeant) was proceeding to
sum up when the jury stopped him, and at onto found for

plaintiff.
Upon the question of law a special case is to be laid be-
fore his Honour.

THIS DAY'S SHIPPING.

LONDON, Aug. 10.—Wind this day at noon, North;
moderate breeze, and hazy weather, with occasional showers
of rain.
PORTSMOUTH, Aug 9.—Wind E.—Off port—Christiania,
from London for New York.
QUEENSTOWN, Aug B.—Wind W.—Arrived—Her Ma-
jesty's ship Ferret, from Plymouth.
CLYDE, Aug. 9.—Wind N.—Arrived—Mary Holland,
from Richibueto ; Phillis, from Miramichi. Sailed—
Elizabeth, for St. John's, Newfoundland; Manila, for
Melbourne.
CARpIFF, Aug 2.—Wind N E.—Sailed—Loisraeli, for
the Cape of Good Hope.
PLYMOUTH, Aug. 9.—Wind
35 I Princess Royal, from Quebec.

E.N.E.—Arrived—

(BY ELECTRIC TELEGRAPH.)
SOUTHAMPTON, Wednseday Morning.
Wind E.
Arrived—lsabella Croll, from Cardiff ; Comet, from
Shields ; Elizabeth, Lady Constance, Griffin, Flora, and
Eling, from Sunderland.
Sailed.—Belford, for Swaneea ; William, for Torquay ;
Tyne, steamer, for Brazils ; Bremen, steamer, for New
York; Effort, for Newport.
LIVERPOOL, Wednesday Morning.
Wind E.
Arrived, Aug. 9—lmperatrice, from Alexandria.
Arrived, Aug. 10.—Siam, from Quebec.

(BY SUBMARINE AND BRITISH TELEGRAPH.)
GRAVESEND, Wednesday morning.
Wind E. ; tide, 3i hours' flood ; weather cloudy.
Arrived, Aug. 9—William Watson, from Cronstadt ;
Humility, and Erizering, from Dantsic ; Norwegian, from
Sundswall ; Wilhelmine, and Johann Herman, from Riga;
Johanna Christina, from Stockholm ; Westerbuttow, from
Umea ; Sally, from Nordkyoping ; Emile, from Memel.
Arrived, Aug. 10—Two Sisters, and Alger, from
Riga ; Versuch, from Pugwash ; James, from Dantzic ;
Elizabeth, from Rustrengesial ; Caledonia, from Aalborg;
Lavinia, from Libau ; Alida, from Memel ; Ceres, from
Rugenwalde • Johanna Gezina, from Umea ; Vissery, from
Worcum ; Telegraph, from Gottenburg ; Norge, from
Sundswall ; Margaretha, from Riga ; Gunes, from Stral-
sund ; Rappio, from Westerwick ; Caroline, from Cron-
stadt; Sporting Star, from Bremen.
DEAL, Wednesday Morning.
Wind E., strong.
No arrivals.

A RAILWAY TRAIN IN A BOG.—A singular acci-
dent occurred to a railway train on the Whitby branch of
the North-Eastern line on Saturday last, about two miles
from Pickering, at a place called Fen Bogs. The line at
this place is carried across an extensive swamp on piles, and
as the noon train from Whitby was passing the place the
engine ran off the line, and plunged overhead into the bog,
pulling the train after it. The train was a very heavy One,
having many first-class passengers, and the scene which
ensued may be more readily imagined than described. The
engine-driver and the stoker were both buried in the bog
along with the engine, but were extricated by the passen-
gers. They were both injured, but not seriously. The
passengers were thrown about in a strange manner, but
beyond several cuts and bruises no further injury was in-
flicted. The accident is ascribed to the heat of the sun
having caused the wooden framework on which the rails
are laid to twist, and raise 'up the line, so as to break its
continuity, and thus the train was thrown off its course and
ran into the bog.
_ .

The concessionaries of the new Ruisian bank to
be established in St. Petersburg, with a capital of £8,000,000
—Baron Haber, M. Hanseman, and Baron Mulkens—are
persons largely connected with the financial operations of
the continent, especially those which arose during the
speculative fame of the t'aris Credit Mobilier. They will,
therefore, be likely, with the assistance of the Court party,
considerably to promote the ardour for Bourse transactions,
which has lately become a strong feature at the Russian
capital. The movement is favourable to the probability of
peace being preserved in Europe during the next few
months, since it would hardly have been undertaken unless
with the belief that there would be time to realize good
profits. Baron Haber, manager of the Bank of Darmstadt,
has much influence, and was formerly established at Stut-
gardt. He is connected with many German enterprises,
including the Cr6dit Mobilier in Vienna, and is presumed
to be the Baron Haber who during the Spanish war was
much engaged in affording assistance to Don Carlos. M.
Hanseman is a director of the Discount Bank in Berlin—
an establishment which usually takes a part in public loans.
w. E. Frank 3 and Sons' Monthly Circular states :—" We
have to report a very inactive tea market since our last, not-
standing the advices from China chew decreased shipments
of 18,000,0001 b., as compared with the previous season. The
attention of the trade was a good deal diverted by the duty
question, which resulted, as we anticipated, in no alteration.
Holders continue firm, and sales show rather higher prices,
but the trade buy very cautiously. The stock of really useful
qualities of Black is rapidly decreasing, and before the arri-
vals of new season in any quantity, will be very limited.
Unless subsequent advices bring very unexpected news, we
cannot but anticipate a very firm and improving market.