The Sun.
London, England, 1857-06-27 00:00:00

COURT OF QUEEN'S BENCH.

:Sittings in Banco after Term—Before Chief Jus-
tices Coleridge, Wightman. and Crompton.)

ROUX V. CARDINAL WISEMAN.
In this part-heard case, a rule had been obtained
for a new trial, on the ground of the verdict being
against the evidence, and excessive damages. The
action was brought by the Abbe Roux, a French-
man; to recover damages for the loss of a document
which he bad entrusted to Cardinal Wiseman ; and
at the trial, which took place before Mr. Justice
Crowder at .Gloucester a verdict passed for the
plaintiff—damages 5004 The particulars of the
case are already familiar to the public.
Mr. Serjeant Pigott was heard at considerable
length during the sittings against the rule.
Mr. Huddleston now followed on the same side.
It was quite clear that if the document bad been
left in the cardinal's hands on the understanding
that it was not to be given up until the money was
paid, and he had let it go out of his possession
without getting the money, he was responsible to
the plaintiff, and ought to be called upon to make
good the loss which the plaintiff had thereby sus-
tained. The real question, therefore, was whether
the verdict was manifestly against the evidence.
No one could have any doubt that the cardinal
was desirous to give the fairest account he could of
the transaction, but still he betrayed a good deal of
hesitation in the course of his examination, and the
jury evidently considered his evidence defective. The
document seemed to have reached the hands of Mr.
Wyse, but how it got there the cardinal gave no in-
formation whatever. He was not able to say that he
had given it to him; but he made a suggestion that
it might have been handed over to that gentleman
by the plaintiff himself, but that statement was con-
tradicted by the cardinal's own written documents.
The Abbe Roux distinctly swore that he never
had an interview with Mr. Wyse except on one oc-
casion, and then the feelings of the latter were hos-
tile to, his wife, Madame Bonaparte Wyse, and an
express stipulation was made between them that no
reference should be made to that unfortunate lady,
who had signed the document in question, which
their lordships would recollect was an acknowledg-
ment that she was indebted to the plaintiff in a
considerable sum of money. The learned counsel
adverted to the main portions of the evidence ad-
duced on both sides, and contended that under the
circumstances the court ought not to disturb the
verdict, with which he said he believed the learned
judge who tried the ease was not dissatisfied.
Mr, Justice Coleriage said Mr, Justice Crowder ;

expressed no dissatisfaction with the verdict, but
greet d ssatisfaction with the &images.
The learned counsel submitted that the damages
were not excessive, when the probability was that
if the plaintiff hael LOW possession of the document
his claim against Madame Wyse would be paid by
the Emperor-of the French, whoit was well known
was payingthe debts of the Bonaparte family.
The Solicitor-General was then heard in support
of the rule, and was addressing the court when
Their lordships interposed, and made the rule for
a new trial absolute.
Rule absolute accordingly.

COURT OF COMMON PLEAS.—JUNE 26.
(Sittings in Banco.—Before Mr, Justices Cresswell,
Williams, Crowder, and Willes.)
ETIQUETTE OF THE BAR.

It was mentioned in the papers ten or twelve
days ago that Mr. Lush, of the Home Circuit, was
about to be created a Queen's Counsel, but it was
not until Tuesday last that learned gentleman ap-
peared in a silk gown which is characteristic of that
rank. This morning he came into this court to
argue a case, and took his seat within the bar, the
place appropriated exclusively to Queen's Counsel
and Serjeants, although he had not been formally
called within the bar.

Mr Justice Cresswell (addressing Mr. M. Cham-
bers, the counsel on the other side)'said he did not
know that he could recognise the countenance of
the gentleman beside him (Mr. Lush).
Mr. Lush said he had mentioned his difficulty
yesterday to the Lord Chief Justice, who said he
might take his seat provisionally within the bar.
Mr. Justice Cresswell inquired whether his lord-
ship was then sitting in banco ?
Mr. Lush—Re was.

Mr. Justice Cresswell—Then, under the circum-
stances, I will follow the example of the Chief
Justice.

Mr. Justice Willes, however, remarked that he
had not yet had the opportunity of inspecting the
learned gentleman's patent.
Mr. Lush promised that his lordship should see
it in the course of the day.

SUTTON V. SADLER.-COMPETENCY TO MAKE A

WILL.

A person named S*tton bad bequeathed property
to the defendant, but the plaintiff brought this
action to upset the will, alleging that the testator
was not of a competent state of mind to make a
will. The case was tried before Mr. Baron Bram-
well, and the jury on that occasion found a verdict
for the defendant. Subsequently, however, a rule
nisi for a new trial was granted, and the matter
now came on for argument.
The rule had been granted upon three grounds
—first, that the verdict was against the weight of
evidence • but his lordship reported that he was
not dissatisfied with the verdict, and therefore the
objection failed. • Next it was said that the jury
had been tampered with, but affidavits had been
made on the other side which it was admitted fairly
answered that objection. Thirdly, what was said
to be a very important question was raised, viz,
what was the proper direction to give to a jury in a
case of this kind. His lordship had told them, it
was said, that the burden.of proving the incompe-
tency of the testator was upon the plaintiff, and
that if the matter were left in doubt, if it were a
"measuring cost," the defendant ought to have
the verdict.

Mr. Evans, Mr. Welsby, and Mr. Coxon ap-
peared to show cause; and Mr. Groves, Mr. Beavan,
and Mr. M•lntyre to support the rule.
Mr. Justice Cresswell said the Court did not feel
much doubt as to the decision which they ought to
pronounce, but as a very important principle was
involved, they would take time to consider their
judgment.

POLICE INTELLIGENCE—Jun. 26.

MANSION-HOUSE.—Frederick Bath°, a per-
son employed in the warehouses of the East India
Company, Leadenhall-street, was committed for
trial upon the charge of having stolen a quantity
of copper wire, the property of the company,
The prisoner had sold the wire to a brass-founder
named Olney, Ratcliff-road, John's-road, St. Luke's.
He said it consisted of mere dusty sweepings.
The last case undPrthe Betting-house Act brought
forward on Wednesday night before Alderman Wire
possessed more interest than those which had pre-
ceded it. The following is a condensed account of
it. The Lord Mayor sat with Alderman Wire upon
the occasion.

J. Merry, G. Harding, W. Watson, J. Hale, J.
Barrow, T. Wordsworth, H. Jackson, E. Curtis,
C. Manning, and W. Mansfield. were placed at the
table, charged as violators of the act.
Mr. Stuckbury, from the City solicitor's office,
attended for the prosecution.
J. Butt deposed that on June 3 he went to a room
of a beer-shop, 10, Talbot court, Gracechurch-street,
and saw Merry behind a counter, several other
persons being present in front of the counter, who
made bets with Merry upon different horse races.
Slates were placed up in view of the persons in the
room, on which were written the names of the races,
and the prices at which the horses could be backed.
Merry made a bet with Butt, 6/. to 3/. against
Cedric for the Union Cup race at Manchester, and
it appeared that Merry, on every occasion of making
a bet, retired behind a small partition, for the pur-
pose, as was stated, of entering the bet. It also
appeared that Butt (the witness) had visited the
room on several occasions both before and after the
d June, and had always seen Merry there, and
numbers of persons betting with him upon horse
races, and slates wore exposed to view.

Marshall (216) gave evidence to the effect that
he had seen betting on different occasions going on
in front of the bar of this same house, and had un-
successfully endeavoured to get into the room in
which Merry was; but was prevented by a person
whom witness identified as the defendant Harding,
who guarded the door of the room, and who stated
to the witness that he had injunctions not to let
any persons in who were unknown, and that they
were obliged to be very careful with whom they
betted.

Hawks (175) corroborated the previous witness.
Inspector Hamilton deposed that he apprehended
the defendants that day at 12 o'clock, and produced
a number of slates, lists, and other documents rela-
tive to horse racing, which he had found in Merry's
possession.
Several other constables produced books and pa-
pers which they had found on the other defendants.
Merry, in the course of the proceedings, inti-
mated that he was disposed to plead guilty, as he
could notrebut the charge.' The case, however, pi o-
ceeded, and in conclusion, in answer to the charge,
he again said that he could not rebut the evidence
adduced against him, and he threw himself on the
mercy of the court.
Alderman Wire discharged all the defendants
except Merry and Harding, with admonitions. He
said it was impossible to meet the justice of the case
without sending Merry to prison for three months
with hard labour, and Harding, who had acted for
Merry in guarding the entrance, to 21 days, with
hard labour. Merry had been convicted of keeping
a betting-house in Crooked-lane, in June last year,
and it was stated that his betting transactions
amounted to several thousands. He gave notice of
appeal, and was bailed the day after the examina-
tion.

BOW-STREET.—Thomas Simmonds, a young
man of very repulsive cast of countenance was
charged with stealing a valuable gold watch from
Mr. (V. Freeman, of Ailsa-park, Twickenham, who
had come to town to -witness the distribution of the
Victoria Crosses that day.
Mr. Freeman_ was passing along the Strand, in

the direction of the park, when he got into a
crowd near the Electric Telegraph Company's-office:
While there he felt a lug at his chain, but without
missing his watch. He went on and entered the
National Gallery, where, however, he remained
only a few minutes, when, desiring to know the
time, 'he felt for his watch and found it was gone.
He immediately left the Gallery, intending to give
information at the police-court. When he got into
the street he found the prisoner engaged in a
struggle with a sergeant of FuSiliers, a police-con-
stable, and some other persons, who had just ap-
prehended him. It appeared that the sergeant,
Charles Palmer, had seen the prisoner snatch the
watch from prosecutor's pocket, and had at once
started off in pursuit. The sergeant overtook, and
seized him in Trafalgar-square, when a bystander
saw him throw the watch into an area. It was
picked up and shown to prosecutor, who recognised
it as his own. It was uninjured except by the
breaking of the handle by wresting it from the
chain and the smashing of the glass.
Mr. Freeman expressed his astonishment at the
dexterity with which the robbery was effected. He
had been many years a magistrate, and bad never
met with such a case..

Mr. Henry—Ab, in the country that may be so,
but I can assure you that they are common enough
in London. It is always done iu the same
way, by breakingthe mere piece of wire which joins
the head.
The prisoner pleaded guilty. He said be bad
formerly been in the militia, but was drafted into
tke Land Transport Corps. Since that body was
disbanded he had been unemployed.
Mr. Henry—But a strong sturdy young man like
you ought to be able to work.
The prisoner (glooMily)-1 would be glad to work
if I could get it. the police, Mr.
As he was not known to Henry
eduvicted him, summarily, and sentenced him ,to
four months' imprisonment.
•

MARLISOROUGA-STREET.—Thepickpockets
mustered in great fore at the proceeding in Hyde-

park yesterdly ; the de!ectives were, however, on
the alert, and brought without intermission (luting
the day to this court batches of thievesas they were
captured.

John Pocknell and William Goagle were charged
with picking the pocket of William Selsby, of No.
21, Northampton-square.
The prosecutor was standing in Hyde-park when
he saw his watch glittering in the hand of the Ter-
soner Pocknell. The prisoner finding he was de-
tected dropped the watch on the ground.
Remanded till next Friday.
Jane Browne was charged with picking the pocket
of Campbell Downer, Esq., of No. 6, Upper IlYde-
park.
. The prosecutor felt a tug at his pocket and found
his handkerchief was gone. He saw the prisoner
drop the handkerchief.
Sent to hard labour for one month.
William Williams and Frederick Anstead were
charged by Wyatt, D 157, with picking pockets ill
the park.
Williams remanded to Friday ; Anstead als"
charged.
Alexander Bentley was charged with picking the-
pocket of James Townend, of Draycott terrace)
messenger in Lord Panmure's office.
The case, which was for stealing the prosecutors
watch, was clearly proved, and the prisoner sell'
tented to hard labour for 3 months.
' Patrick Lynch was charged with
Picking pockets)
and stealing a handkerchief.
yeas
. Proved by Parsons, 182 D—The prisoner
committed to hard labour fo. three months.
Samuel Parker was charged with attempting
to
pick pockets in Hyde Park.
Three months hard labour. the
Richard Lewis was charged with picking
pocket of Henry Ellis, of No. 5, Park-terrace, °
his handkerchief.

- • -
Sent to hard labour for three months.
Samuel Parker was sent to hard labour for three
months for picking pockets.

Country Markets.

LIVERPOOL—Jim 26.
To-day there was a slender attendance of the tradeti
and the operations again confined to passing requirenle
for consumption. Wheat and flour were each slight
lower rates than Tuesday last. Oats and barley ratio.
higher. Beans and peas is lower.

WAKEFIELD—JUNE 26.
The continuance of fine weather causes our buyers to
act with caution. Fine fresh wheat maintains last wee'
rates, and other sorts nearly unsaleable. Grinding bade/
fully as dear. Beans is per qr higher. Oats and shelling
tend upwards.
39 0
Average prices of grain—Wheat, 62s ; bailey,
3(1 ; oats, 30s 9d; beans, 44s ; peas, —5 " '
rye, —s. Od.

EXETER—JUNE 26.
6o 9d ;
CORN.—Wheat, 7s 9d to 8s 3d ; barley, 5s to m.
grinding do., Oa Od to Os Od. Oats, 3s 3d to Os
Beans, Os Oto 0 Od. Peas, 00s Od to Hs Od. 461
FLOUR. —Fine, 46s Od to 47s Od; seconds, 41s Od to

Od per sack.
uost
CATTLE. —There was a small supply of bullocks. ."'„,„,r
beef, from lOs to Us 6d per score ; inferior, 9s 6d to 118y,5,
score ; fat calves, 5d to 6d per lb ; barrennors, Os Od to
ers'
Od. per score ; cows and calves, 121. to 201. vs ; butch
eb;
calves, Od to 7d per lb., rearing calves —s to —0 ei/ci
sheep, ewes and lambs, 21. 53 to 31. 5s per couple; ewes.s
to 61d; wethers, Od 60; lambs, 74 to Od per lb. liT.;g,
large size, —s to —s ; second size, —s to —s ; slips' 117,
to —s; suckers, —s to —s. Rough fat, 444 per
Pork carcases from 9s 6d to lOs 6d per score.

COAL MARKI
Prices of Coals. per ton at
s. d.'
Bates's West Hartley ..,14 01 5 (1.
g 6
.. 1"
Haswell Gas •••14 6 La,mbton ................. 17 0
Bebside's Hartley 16 3 Tees
Davison's West Hartley 16 0 Hetton l7 0
Htl'pool West Hartley 3 lumen l7 0
6
Tanfield Moor ~~••14 0 Kepier Grainge ...
Wylam
. 15 6 Harton .. . ... ~........••14
16 9
Eden Main l5 6j South Hetton ........... ••• 7 0
North Percy Hartley —l4 9 Stewart's ........... 16 9
Wallsend, dzo. I Braddyll ................ •"1 0,
.. is .
Lumley 15 6I Cassop ......... 14 0
Cowen Hartley . l6 0, Hilda
Russell's Hetton 15 91

M.--.TIINE 26.
the close of the market.
Wallsend, 410._

Ships at market, 95 ; sold, 65.

• .
COURSE OF EXCHANGE.—Yssu ,BDAY. ;
Am5terdam............ 11 18 Gibraltar •••• .. •••• •• "29 85:,
Ditto, three months .. 12 4 Leghorn .. .• •• ••••••" 'oil 82$
Rotterdam ............ 12 3 Genoa ••• '-.... -
Antwerp ...• ••••.••• •• 25 55 Milan •• •• •• •• ••'••••••
....
Brussels .... • • ........ 25 55 Nrenies
- --_____•• •• •• •••• •••••• 04
liamburgh ............ 'l3 8% Naples ••••••••• ••• 1227,,
Altona .. •••••••••• •• •• • • iPalermo •• •• ...... •• •:, ..sii.,
Pari5............. • • .... 2532 j% , Messina ... . • " II
52.
Ditto, three months .. 25.70 (Lisbon .• ...... •• " 523,i,
Marseilles ............. 25 72% Oporto .............• •• ~,
Bourdeaux ............ .• 'Rio Janeiro ..... .•• ...i _ •
Frankfort-on-Maine •• .. 119% 'Buenos Ayre5..........
Berlin ................ •• New York,6o days' sight
Vienna ~.............. 10 31 Philadelphia .... ..... . "..;
Tr1e5t0................ 10 32 PIIICE3 Or BULLION, PEE os•9
Petersburg .• .......... 37 Foreign Gold in Bars £3 17 0
Madrid ..... •...., .... 484 'Portugal Gold Coin .. 00 0
Cadiz ••• •• •... •••••• s • 49,(3 'Mexican Dollars .• •• 0. gO,
I
B melons, •• •• •• •• •• •• • • New Dollars •• •••• 0 a
eeville•• •••••• • • .. • ... Silver In bars