The Sun.
London, England, 1859-04-22 00:00:00

CLEMENTS V. MADDICK.

Mr. Malins, Mr. J. H. Palmer, and Mr. French
appeared for the plaintiffs in this case, who were the
proprietors of Bell's Life in London and Sporting
Chronicle, in support of a motion to restrain the
defendant, George Maddick, from publishing a
newspaper called the Penny Bell's Life and Sport-
ing Chronicle, on the ground that the defendant
would thereby deceive the public by inducing them
to believe that they were buying the plaintiffs'
paper, or a cheap copy of the same. The bill was
filed on the 9th inst., and on the 11th inst. the
defendant Maddick assigned his interest in the
Penny Bell's Life and Sporting News to W. H.
Stephens and R. V. Robinson, the newspaper, how-
ever being still published by Maddick.
Upon the motion coming on, the Vice-Chancellor
said he thought Stephens and Robinson must be
made parties, and ordered the matter to stand over
in order that the bill might be amended in that
respect.
The bill having been subsequently amended, the
Vice-Chancellor, upon the plaintiffs' application,
granted leave to serve notice of motion for an in-
junction upon the defendants from Wednesday
next, the 27th of April. His Honour thought he
might require the assistance of a common law
judge.
Mr. Bacon, Q.C., and Mr. Karslake appeared for
the defendants. _ _

The court, on its rising, adjourned till Wednes-
day next, the 27th inst.

(Before Vice-Chancellor Sir W. P. Wood.)
GTE V. GRAZIANI AND SMITH.

An application was tL is morning made for an
injunction to restrain Signor Graziani from sing-
ing for Mr. E. T. Smith, at Drury-lane Theatre,
the application being made on behalf of the lessee
of the Royal Italian Opera, Covent-Garden. On
the part of the defendants, however, time was
required to go int) further evidence, and, by ar-
rangement, after a few minutes' conversation, the
following order was made :
The plaintiff undertaking to abide by any order
which the court might make as to damages, and
the defendant, Signor Graziani, undertaking to do
nothing contrary to the 2d and 3d paragraphs of
the notice of motion ; the motion to stand over to
the 9th May upon terms as to the filing of the
defendant's affidavits. The second and third
paragraphs of the notice of motion to which
the above order referred were as folllows :
That the defendant Francisco Graziani may be re-
strained by the order and injunction of this honour-
able court from violating or committing any breach
of his agreement with the plaintiff; that the de-
fendant, F. Graziani may, in like manner, be
restrained from signing at any theatre or concert
in the kingdom of Great Britain, out of the Royal
Italian Opera, during the year 1859, without the
written permission of the plaintiff, save and except
at private and gratis concerts, and, in particular,
that he may be restrained from singing at the
Theatre Royal Drury-lane during the year 1859
without such written consent as aforesaid.

POLICE INTELLIGENCE.-April 21.

MANSION-HOUSE. Charles Marchant was
charged with stealing 331bs of indigo, value £8 55.,
the property of his employer, Mr. C. T. Major, of
Billiter-street, general agent.
Monger, police-constable 564, said that about nine
o'clock on Wednesday evening he saw the prisoner
leave the Lamb and Flag publichouse, Jewry-street,
Crutched-friars, with a bag on his shoulder, and
asked him what he had there. The prisoner, who
knew him well, told him he must be joking, but
when he told him he was in earnest, and that he
must either say what he had in the bag or go to
the station, he put the bag down on the ground and
said he was quite willing to accompany witness.
Thereupon witness took up the bag with one hand
and grasped the prisoner's arm with the other, and
so they went on towards the station, but before
they had got far the prisoner said he did not
like to be exposed in the street, and that
if witness would let go his arm he would
carry the bag, and walk quietly by his side.
Witness told him he was willing to oblige him
so far, and transferred the bag to the prisoner,
who threw it over his shoulder, and went quietly
on for about 50 yards, when, suddenly stopping, he
said he did not see why he should go to the station,
and throwing the bag at witness's legs, he ran off
as fast as he could. Witness followed, crying " Stop
thief," and the prisoner being soon brought to a
stand, was conveyed to the station, where the bag was
opened, and found to contain seventeen parcels of
indigo, for the posession of which the prisoner ac-
counted by saying that he had been packing samples
at Messrs. Jones and Candler's, Cooper's-row, and
that about four o'clock he was told that one of the
men had stolen some samples from the cart, that he
followed and stopped that man, took from him the
stolen samples, not locking him up, on account f
his large family, and that he had then left the bag
at the Lamb and Flag to be taken care of.
William Baker, manager for his father at the
Lamb and Flag, deposed that he had known the
prisoner as a customer for some years, always
considering him a very respectable young man, and
that the prisoner left the bag of indigo
in his charge
on Wednesday morning, be+ ween 11 and 12.
Mr. Clark, manager to Mr. C. T. Major, said the
prisoner was in their service, and on Wednesday

received instructions to fetch 490 samples of indigo
from Mincing-lane, and pack them in five chests at
Messrs. Jones and Candler's, Cooper's-row, and send
them to Southampton for exportation to the conti-
nent. In the evening the prisoner told -witness he
had packed the chests, but that one of them was
not quite full, and witness, on looking at that chest
on Thursday morning, found about as much space
left as the samples produced would fill, those samples
being, no doubt, a portion of those which prisoner
had fetched from Mincing-lane.
Mr. Candler deposed that he was present during
a part of the process of packing the samples, and
heard nothing said about any part of them having
been stolen.

Mr. Beard, for the prisoner, asked that the case
might be summarily dealt with, the prosecutor
being willing to assent to such a course on account
of prisoner's good character.
Mr. Clark said he was very anxious that the pri-
soner should be leniently dealt with, as he had
borne an excellent character for several years dur-
ing which he had been in prosecutor's service.
Alderman Rose, however, said the case was of too
serious a nature to be slightly deposed of, and the
prisoner was fully committed for trial.

GUlLDHALL.—Frederick Fisher, described as
a clerk in a solicitor's office, was placed at the bar
before Alderman Phillips, charged with stealing a
grey squirrel fur coat with gold buttons, value £lO,
the property of Lieut. Tracey.
It appeared that the coat in question had belonged
to the Chinese Commissisner Yeh, and formed part
of the spoil which fell to Lieut. Tracey, who assisted
in capturing the Commissioner at Canton.
Mr. Preston, in whose employ the prisoner was,
received the coat from Lieut. Tracey, and deposited
it in his private office, from which place prisoner
abstracted it and pledged it with a Mr. Farmer,
in Amwell-street, Pentonville. for Bs. When ac-
cused of stealing the coat he at first denied it, but
ultimately admitted having pawned it and gave up
the duplicate, upon which his employer gave him
into custody.
The prisoner alleged that the prosecutor pro-
mised to forgive him if he gave up the coat, and.
asked Mr. Preston if Lieutenant Tracey had sanc-
tioned these proceedings against him.
Alderman Phillips said it was immaterial, as the
charge against the prisoner was for stealing a coat
out of the possession of Air. Preston, who was re-
sponsible to Lieutenant Tracey for it.
Leonard, a City detective, said he accompanied
the prisoner and Mr. Preston to the pawnbroker's,
and found the coat really was pledged there, and
upon its production the prosecutor gave the pri•
soner into custody.
The prisoner eventually pleaded guilty in order
that he might be dealt with summarily, and he was
remanded till Saturday for that purpose.

BOW-STREET.—William Hayes, a young man
of very bad character, a loiterer about the Seven
Dials, and an associate of thieves, was charged
with assaulting Mr. Richard Fuchs, a broker,
in King-street, Long-acre.
The complainant stated that about a year ago he
gaTe one of the prisoner's companions in custody for
stealing ti watch. The man was convicted, and since
that time the prisoner, and all the gang of them,
constantly annoyed and molested him. On Wednes-
day night, about six, he saw the prisoner with a
party of his friends in the Seven Dials, and they
began to laugh at him and cry " tick, tick" after
him. He went on without taking any notice, but as
soon as he had gone by they began to throw stones
at him. One of the stones struck him in the back,
and on looking round he saw the prisoner in such a
position that he had no doubt he had thrown it. He
then saw the prisoner throw another stone, which
also struck him. One of the prisoner's companions
then walked up to him and struck him in the face,
giving him a black eye. Finding that the whole
party was closing round him, evidently for the pur-
pose of ill-using him, he drew from his pocket a
large knotted rope, which had oroken off from a
machine he had been using that day, and menaced
them with it. Upon this the whole of the cowardly
crew desisted from the attack and went their way.
As soon as he could find a policeman, he went in
search of them, and finding the prisoner in a
public-house gave him in charge. The prisoner was
the worse for liquor.
Mr. Hall said there was evidently a combination
to annoy the complainant, and if a stop was not put
to it those people would ultimately do him some
injury. The prisoner must pay 305., or be impri•
soned for 15 days.

MARLBOROUGH-STREET. -- General West-
broke Watkins was charged on summons, before Mr.
Bingham, with the following assault on Mr. Napoleon
Price, wholesale perfumer, 158, New Bond-street.
Mr. J. P. Murphy,the barrister, attended for the
defence of the general.
Complainant said he received on the 15th April a
letter from the general, who occupies the first floor
in his house, complaining of a piece of paper affixed
to the railings in front of the house of " An errand
boy wanted—apply at the counting-house," to
which, directly burning the letter, he sent a reply
to the effect that he was surprised the general
should take notice of a matter in no way con-
cerning him. This was at three o'clock, and
at six the general, forcing his way through the
counting-house and downstairs with a cane in his
hand, commenced " bullying" him, and asking
what he meant by his impertinent letter ? He
replied he saw no impertinence whatever in it, it
was only such as one gentleman would send to
another. The general upon this remarked that he
(complainant) should hear from his solicitor, and he
would ruin him in law expenses. The complainant
told him he had not put up the notice himself, and
only knew of it when he received the letter respect-
ing it, and that he wondered he should be so mean
as to speak about it, upon which the general struck
at him with his cane over the head, but the com-
plainant raising his hand to ward off the blow,
received it on the thumb, and then succeeded in
taking the cane from him and throwing it on the
floor. The general next laying hold of him by the
hair began to pummel his head against the staircase,
and he in return struck him in self-defence, and in
order to get rid of him, when the general proceeded
to his own apartments, repeating that he would ruin
him in law expenses, complainant calling after him
that he was a scoundrel.
Cross-examined—The general now resided at his
house, occupying the rooms on the first floor about
five years, on a seven years' agreement, at £l6O per
annum. Now offered to let him off the remainder of
the term to get rid of him. The counting house had
been built since he came, and was nearly on a level
with his apartments. Was not aware that the ap-
plicants for the errand boy's situation were directed
to proeeedto the first floor.
In defence, Mr. Murphy said his client, who was
a general in he Indian army, had suffered severely
from the attack of the complainant, whose story, he
was instructed to say, was a tissue of falsehoods ;
that defendant did not strike the first blow, but
received it, and had been much insulted and an-
noyed.
Mr. Bingham said he could do no more as a justice
of peace than to call upon both to fight no more
battles except in a court of law, through the medium
of attornies. It was clear, on complainant's own
evidence, that a fight had taken place between them
—the complainant a young and vigorous man, and
the general an elderly one—and that such conduct
might not be repeated, he should require each to
enter into his own recognisance in £lOO to keep
the peace.

SPORTING INTELLIGENCE.

TATTERSALL' S--YESTERDAY.

The betting on the Chester Cup was not very brisk.
Leamington advanced from 20 to 1 to 100 to 8, whilst Bevis
receded to 25 to 1. 100 to 1 was offered agst the sometime
favourite Drogheda. 7to 1 was offered on the field for the
Derby. Merryman was in some demand, whilst 20 to 1
was offered against Volcano. Closing prices :

NEWMARKET HANDICAP.
Bto 1 agst Pavilion (taken)
10 to 1 agst Old Robert (taken)
CHESTER CUP.
100 to 8 agst Leamington (taken)
25 to 1 agst Bevis (taken)
50 to 1 agst Queenstown (taken)
50 to 1 agst Petra (taken)
200 to 3 agst Rara Avis (taken)
1000 to 10 agst Drogheda (offered)
9to 1 agst Air. F. Higgins's " lot" (taken)
TWO THOUSAND GUINEAS.
4to 1 agst Promised Land (taken)
6to 1 agst Nimrod (taken and offered)
20 to 1 agst Crafton (taken)
20 to 1 agst Cynricus (taken)
DERBY.
7to 1 agst Promised Land (offered)
Bto 1 agst Musjid (offered)
100 to 6 agst Merryman
(taken)offered)
20 to 1 agst Volcano (taken and
25
tt
oo
agsta g s
hu
t se Ticketi o
ffo f
(taken)Leave (taken)
40
1000 to 15 agst Grafton (taken)

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ANCIENT ORDER OF FORESTERS.-
INITIATION OF MR. E. JAMES, M.P.

On Wednesday evening, at nine o'clock, a court
of the above order (the Lord Clive), which is con-
nected with the London United District, the num-
ber of members of which reaches nearly 20,000, was
held at Host Cheese's, the General Townsend, No.
231, Oxford-street, and at which Sir B. Hall, Bart.,
M.P., and E. James, Esq., Q.C., and M.P., were
present, the visit of the latter gentleman being for
the purpose of being initiated in the court, he having
been invited there for that purpose. Sir B. Hall,
Bart., has been a member of the court about 21
years.
There was a very numerous attendance of mem-
bers, not only of the court, but of several other
courts in the district.

Chief Ranger Silcock was appointed to preside,
when, after the usual preliminaries were gone
through, Sir B. Hall, Bart., accompanied by E.
James, Esq., entered the room, and they were re-
ceived with enthusiastic cheers.
Last Wednesday fortnight, at the usual fort-
nightly meeting of the court, it was proposed by
brother Rogers, seconded by brother Wyatt, that
Mr. James should be made a member of the court.
Upon the motion being agreed to, it was resolved
that a committee of four members should be ap-
pointed to draw up a memorial for presentation to
Mr. James, requesting him to become a member of
the court. The memorial was drawn tap and pre-
sented to Mr. James. He replied, and consented.
to comply with the request of the memorial.
The usual formalities were proceeded with in re-.
ference to the initiation of the proposed candidate.
The hon. gentleman was introduced by brother
Rogers. He was duly initiated ; when, upon the
conclusion of the ceremony, he took his seat near
the chairman, by the side of Sir B. Hall, Bart., and
Dr. Mayne, surgeon of the court, and he was re.
ceived with loud cheers.

As it is customary on these occasions to drink the
health of the initiated member, that of Mr. James
was drank with much applause.
Mr. JAMES responded, and said that it was with
great pleasure he had been made a member of the
court, which he was aware was astablished for the
benevolent purpose of supporting the widow and
the fatherless, and tho3o who had been members of
the court who were in circumstances that required
its assistance. (Near.) It was an institution the
members of which were desirous of assisting each
other, and as such he, now being a member, would
do all in his power to give his contribution to it.
(Cheers.)
The health of Sir B. Hall, Bart., was also given,
and he replied in nearly similar terms.
The health of each gentleman was proposed with
the usual honours, and each gave a contribution to
the funds of the court.

Upon the court being left by them they were
most heartily cheered.
The Court then separated.

COUNTRY MARKETS.

BIRMINGHAM—APRIL 21.
The supply of wheat limited and higher prices demanded,
but sales made only is per qr ever late rates. Barley was
in improved demand. Oats rather dearer. Beans and peas
is per qr. higher.

MANCHESTER—APRIL 21.
Wheat is per qr. dearer, though only in limited request.
Flour was quiet, but a corresponding advance in prices was
quoted. Other articles unchanged, with a moderate sale.

BOSTON—APRIL 20.
The wheat trade was very firm to-day, and the busi-
ness done was at from is to is 6d per qr. over late rates.
Barley nominal. Beans, oats, and peas were firm, at about
previous prices.
Wheat, white 44s to 48s 1 Beans Mazagan..--.-S to —s
red 38s to 43s I Middle & small 39s to 49s
Barley 26s to 38s I White peas 37s to 46s
Oats l7s to 25s I Grey.. 40$ to 42s
Averages for the week :
Wheat 4,071 qrs., at 41s 8d
8ar1ey......... 20
I, 34s Od
Oats 3ll )1 •••.••..23s 7d
Rye _. Od ~ ........ ....15
Beans
Peas .... 16 /9 ........39s Od

LOUTH•

•AriuL 20.

There was a fair average quantity of wheat on offer, and
a rather brisk trade resulted in an advance of is per qr.
Barley in moderate supply. Oats sold more freely.
Wheat ,4os to 455 Oats.... ........ 248 to 28s
White do .—s to 48s Beans ........ ...—s to —s
Barley .34s to 38s Ditto, old ........41s to 45s

EDINBURGH GRAIN—Apia/A 20.
Large supplies of grain to-day, and sales were heavy, at
rather better prices for wheat.
Wheat on the top 2s Od up average is 3d up.
Barley on the top is 6d down average is 3d up.
Oats on the top Os 3d up, average Os 4d up.
Beans on the top is Od up. ..... average Os id down.
Averages per Imperial quarter.
'Wheat.
Barley 1 12 8 7-12ths
Oats -12ths
8ean5........ -12ths
Total Supply and Sales.
'Wheat .1265 qrs ...... Sold 1178 qrs
8ar1ey........1010 qr 5........ Sold 824 qrs
Oats .1684 qr 5........ Sold 1218 qrs
Beans 222 qr 5........ Sold 205 qrs

GLASGOW-Arum 23.

There was a fair supply of wheat and barley, and a good
healthy trade at market to-day. Wheat fully 6d per 2401ba
above late rates. Flour advanced is per sack. Oats firm,
at 3d up. Oatmeal is per load up. Beans and peas freely
delivered for full prices. Indian corn 3d dearer, and lasi
inquiry.

CORK—APRIL 20.
The following were the quotations this morning :—Red
wheat, 22s 6d to —s; white, 25s 6d to —s Od; barley 12a Od
to 15s Od; oats, lls 6d to 13s 6d.

DUBLIN—APRIL 19.
At this corn market to-day there was a small supply of
farmers' grain. Wheat advanced 6d per barrel; oats 3d;
foreign wheat advanced 6d to is per barrel, with a fair
business doing. Barley dull. A few buyers for maize at
6d to is over late rates.

Wheat, white.. 23 oto 26 0 Do./ new ..... 11 6to 13 0
Do., red ...... 21 6to 23 6 Bere .. 10 oto 12 0
Do., new .... 23 0t026 0 Rapeseed .... 26 oto 29 0
Barley ...... 11 oto 17 0 Oatmeal l3 oto 14 6
Oats . . .... 11 otol3 0 Bakers' flour
Do., black.... 10 6toll 0 Indian corn